La Romania: dalla Corona alla Repubblica Popolare e l’attualità della Casa reale

Romania: from the Crown to the People's Republic and the current situation of the Royal House

Abstract

This article analyzes the complex historical and constitutional trajectory of Romania, tracing its path from the liberal state, through the authoritarian monarchy, to the definitive fall of the Crown and the subsequent rise of the Communist regime. A primary focus is placed on the dramatic events surrounding the "anomalous" abdication of King Michael I on December 30, 1947, which was executed under military and political pressure from the effectively controlled executive. This pivotal event led to the express abrogation of the 1923 Constitution and the proclamation of the Romanian People's Republic, later codified by the 1948 Soviet-style Constitution. The study also reviews the preceding phases, including King Carol II's dictatorship, the country's involvement in World War II, and the brief constitutional restoration (1944–1947) that highlighted the collapse of constitutionalism. A substantial portion of the paper is dedicated to the aftermath of the Communist regime, examining the ongoing and complex processes of the Royal House's institutional rehabilitation, including attempts at formal legal recognition (2016-2017), and the intricate patrimonial issues. This includes an analysis of property restitution laws, the significant 2005 Constitutional Court ruling on the principle of equality and state property, and the current international litigation concerning a presumed royal art collection.