FACTS AND DOCUMENTS REGARDING THE ROYAL FAMILY OF ROMANIA - Former Princely Family of HOHENZOLLERN - SIGMARINGEN

*Decree published in the Official Gazette of 22 March 1889
From now on members of the Royal Family will bear the title of Royal Highnesses Prince and Princess of Romania

ROYAL CONSTITUTION

Three Constitutions were successively in force in Romania since 1866 till 1938, each one including articles concerning the Monarchy.

10 July 1866 - Under the reign of His Highness Prince Carol of Hohenzollern, the succession to the throne will devolve upon the eldest of his brothers or on the descendants of the latter in accordance with the provisions contained in the preceding article.

If none of the brothers or their descendants are alive or if they declare in advance that they do not accept the throne, the Prince may designate his successor from one of the reigning dynasties of Western Europe, with the acquiescence of the national House of Representatives given in the form set in Article 84.

If neither of these alternatives occur, the throne becomes vacant.

N.B. There is no mention of a morganatic law in the Constitution of 1866. Nor any conditions of marriage for any members of the Royal Family and no mention is made of any permission needed from the reigning Prince. However, The Salic Law is quite definitely stipulated in the Constitution.

N.B. The 15th of May 1881 Romania was proclaimed a Kingdom and on 22nd of March 1889 a decree was published in the Official Gazette:"...from now on members of the Royal Family will bear the title of Royal Highnesses Prince and Princess of Romania".

31 August 1918 - Marriage in Odessa, Russia, between His Royal Highness the Crown Prince of Romania and Ioana Lambrino, aristocrat.

*( Original marriage certificate can be found with the Romanian State Archives Bucharest, and in the archives of His Royal Highnesses Prince Carol Mircea of Romania)

N.B. The marriage was performed in the Russian Orthodox faith, . Also, the marriage was not morganatic. The arguments in favor of this allegation are discussed by the asterisk referring to the law published on 5 January 1926.

*( Letter of the Consul General of Romania in Odessa, Russia, dated 1918 to the Prime Minister of Romania, Mr. Marghiloman) - Romanian State Archives, Bucharest.
The letter confirms the legality of the marriage as well as the fact in Russia only religious marriages existed in order to annul such a marriage bigamy would have to be proved and/or that the two parties were too closely related to make the union possible. The Consul General confirms that in this case neither can apply. The subsequent annulment can only be regarded as in illegal act.

29 March 1919 - Date of the civil annulment by the Tribunal of Ilfov, Bucharest, of the first religious marriage of His Majesty King Carol II of Romania (then Crown Prince)

Reason stated by the Court for this annulment was that the marriage was clandestine. This reason was not valid by Romanian law as in fact the Consul General of Romania had been informed of the impending marriage, and witnesses attended the ceremony. Subsequently, the High Court of Portugal(1955) and France (1957) both contested the annulment and added that it was annulled for purely political reasons.
The Tribunal of Ilfov never debated the validity of annulling a religious marriage, contracted in Russia, by Romanian Civil Courts. The Romanian Church refused to annul the marriage.

17th. January, 1920 - Front page of "Epoca", a well - known daily newspaper of the time, published an interview with HRH The Crown Prince Carol Of Romania (future King Carol II) by the Prime Minister Vaida - Voevod. He quotes the following "In front of God and man, it is Prince Carol that is the father of the child". He also reproduces on the front page a letter written by His Royal Highness to his wife, Princess Ioana (born Lambrino) addressing her by her nickname "Zizi". "Dear Zizi, I must leave for the front (Hungarian front) to join my regiment and one never knows what can happen. I wish to recognize that, by this letter, the child that you are about to have is my child. I am the father. I do not recognize the annulment that was imposed upon us. I still consider myself your husband" Carol, Prince of Romania

8 January 1920 - Birth of His Royal Highness Prince Carol Mircea, eldest son of His Majesty King Carol II ( then Crown Prince of Romania)

His Royal Highness Prince Carol Mircea was exiled. He and his mother resided at the Ritz Hotel, Paris. There had been two attempts on his life.

His younger brother, future King Michael, imposed that his exiled brother, HRH Prince Carol Mircea was not allowed to use the princely title or family name of Hohenzollern, and was not granted an alternative. This left him in a totally illegal situation, without a name, although there where letters written by his father, King Carol II, both to his mother, Queen Marie, and to his first wife, Ioana, acknowledging his son Prince Carol Mircea's legitimacy. One of these letters, the one of to his wife, was even published on the front page of "Epoca" the 17th of January 1920 . Both Queen Marie and the Prime Minister mentioned the birth of Carol Mircea in their private dairies.

10 March 1921 - The second marriage in Athens, between His Royal Highness Crown Prince Carol ( future King Carol II) of Romania and Her Royal Highness Princess Helen of Greece. This marriage was celebrated in the Greek Orthodox faith.
The Greek Orthodox Church had been misinformed that the annulment was only a Civil annulment, never recognized by the Romanian Church.

25 October 1921 - His Royal Highness Prince Mihai, second son of His Majesty Carol II of Romania, was born.

26 April 1922 - A study was made for the Royal Family in regard to status of the German Family laws (Hohenzollern - Sigmaringen) and it's validity in Romania. Published Cernauti 1922 - Reflection and Project by Constantin Berariu, Doctor in Law and Professor at the University of Law, Cernauti Romania.

Quotation: "In article 5 of the Royal Family Law of 1920 it is mentioned that if the Crown Prince, Prince and Princess of Romania marry without the approval of the King they will cease to be part of the Royal Family. If we understand well, these Princes will not have the right to the Throne, which contradicts article 82 and 83 of our Constitution. The Statute is only an ordinary law, which must be submitted to the Constitution. To apply this law to the members of the Royal Family is not constitutional and can not have effect. It would be useful to insert this law in the new 1923 Constitution, in a modified form."

N.B. It was in fact inserted in the Code Civil on the 5th of January 1926 and in the 1938 Constitution.

29 March 1923 - New Constitution of Greater Romania under His Majesty King Ferdinand, published in the Official Gazette No. 282 of 29 March 1923.

Article 77

The constitutional powers of the King are hereditary in direct line and legitimate descent from HM King Carol I of Hohenzollern - Sigmarigen. In the male line in order of primogeniture and to the perpetual exclusion of females and their descendants. The descendants are to be brought up in the Eastern Orthodox Faith.

Article 78

The succession to the throne will be granted to the eldest of his brothers or relatives, according to the rules set in the previous article.

In the absence of male issue of HM King Ferdinand of Romania, the King may designate his successors from one of the reigning dynasties of Western Europe with the acquiescence of the National House of Representatives.

N.B. Again, no mention is made of any "morganatic law" in the 1923 Constitution. Neither does it stipulate any conditions of marriage for any member of the Royal Family nor any permission needed from the King or from the House of Representatives. However the Salic Law is definitely still included in the Constitution.

5 January 1926 - A law was published on 5 January 1926 in the Romanian Civil Code (Chapter IV, Article 13), "Marriages in the Royal Family".

Quotation: "The Crown Prince, Princess and Princesses of Romania who marry without consent from the King will cease to be part of the Royal Family and they lose their rights and all Royal prerogatives".

N.B. This civil law, passed on 5 January 1926, putting conditions on Royal marriage was not included in the 1923 Constitution. It was however stipulated for the first time in the Royal Constitution of 1938, Article 98 (see "27 February 1938) This law was taken from the Royal Belgium Constitution art. 60.

According to the principle that laws did not apply retroactively in Romania, which was never considered a controversial subject, Article 13 could not be used against the legitimate marriage of future King Carol II of Romania with Princess Ioana Lambrino on 31 August 1918. It was, however, used against his brother, His Royal Highness Prince Nicholas of Romania, when he married a commoner, Ioana Dolete in 1937. He lost the right to use his title and was given the name of Nicholas Brana. Subsequently he exiled himself from Romania. Later, the Princely Family of Hohenzollern - Sigmaringen gave him the right to use the title Prince of Hohenzollern.

27 February 1938 - The Constitution promulgated by Royal Order (Carol II), was adopted by means of National Plebiscite and came into force on 27 February 1938.

Article 34

"The constitutional powers of the King are hereditary in direct line and legitimate descent from His Majesty King Carol I of Hohenzollern - Sigmarigen, in the male line, in order of primogeniture and to the perpetual exclusion of females and their descendants.

Article 35

In absence of male issue of His Majesty King Carol I of Hohenzollern - Sigmaringen, the succession to the throne will devolve upon the eldest of his brothers or on the descendants of the latter in accordance with the provision contained in the preceding article.

Revision of the Constitution - Title VII

Article 98

"The Royal Family Statute has a Constitutional character and can be changed only by 'revision of the Constitution' procedure"

N.B. In the 1938 Constitution the salic law is clearly stipulated and there is no rule or article regarding the morganatic law, except the fact that now both the above - mentioned Article 98 and the Civil code mention the marriage conditions imposed on Princes and Princesses of Romania. The German "Hohenzollern - Sigmaringen" Family law becomes law in Romania for the first time.

6 September 1940 - King Carol II did not consider his renunciation as an abdication. This is reiterated in a letter, written in 1950, from his cousin, HH Prince Frederik of Hohenzollern - Sigmarigen, the Furst (the Head) of the Princely family to King Carol. It states, "Your son, Michael, abdicated. You did not. Therefore, you are still the Head of the Romanian Royal Family".
30 December 1947

HM King Michael of Romania abdicates on behalf of himself and his successors.

1953 - HM King Carol II dies in Estoril, Portugal.

2 April 1955 - The trial for the succession to the Estate of His Majesty King Carol II of Romania, deceased in Lisbon, Portugal, in 1953. The Portuguese Court passed judgment in 2nd of April 1955.

The Court decision recognized that HRH Prince Carol Mircea was the first born son of his Majesty King Carol II of Romania by his first marriage with Ioana Valentina Lambrino, with all rights of succession. Ex-King Michael did not make an appeal!

6 March 1957 - The decision of the Tribunal of Lisbon was made law in France by an "exequatur" at "Le Tribunale de la Grande Instance de Paris" ( Highest French Court). The French Court recognized the fact that the Portuguese Courts based their decision upon the appliance of Romanian law which used the "Code Napoleon", as does Portugal and France.

8 January 1963 - The appeal made by HM Mihai I of Hohenzollern, ex - King Of Romania (quoted from the decision of the French Court Of Appeal) against the decision of "Le Tribunale de la Grande Instance de Paris" was rejected.

N.B. Both the Lisbon Tribunal and the French Supreme Court did nothing else but to apply the Code Napoleon laws, according to which a child born within 300 days after the annulment of marriage concluded in compliance with the principle of good faith ( which no longer needs to be proven today), is legal heir and bear his father's name.

August 1955 - The book "My memoirs" by Alexandru Vaida - Voevod *Dacia Press, Cluj.

Quotation:
"Because of the impending birth of Ioana Valentina's child, I have been pressured by the King to make sure this Child would not be registered anywhere in the country as the legitimate son of Carol - Crown Prince of Romania. I am being forced to do an injustice, to break the law and violate the constitution by labeling this poor child as a illegitimate child".[...] " This is an infamy. Crown Prince Carol and Ioana (Zizi) Lambrino were legally married in Odessa in an Orthodox Church, wedding which at that time in Russia was legal state marriage".

The Honorable Alexandru Voievod was considered to be one of the leading statesman in Romania modern history having served as Prime Minister under HM King Ferdinand. The memoirs of the Prime Minister confirm along with his 1920 declaration in "Epoca" newspaper that Prince Carol Mircea was the first born son of the future King Carol II and he should been the legal King of Romania.

13 October 1995 - The Romanian Court of Alexandria - county of Teleorman recognized by an "exequatur" the Portuguese sentence of 1955: That his Royal Highness Prince Carol Mircea is the first born, legal son of HM King Carol II of Romania with all the rights of succession and all the rights to his estate. (see Process of Succession )

1 April 1999 - The Court of Appeal, Bucharest. Ex - King Michael lost his appeal.

2 October, 2001- The Supreme Court of Romania has postponed the appeal of ex - King Michael, on this basis of a legal technicality, for two month.

19th February 2002 - the process (exequatur) was delayed again

27th March 2001 - first session in the Supreme Court delayed for 2rd of October 2002

5th March 2002 - The Supreme Court accepted the appeal of ex King Michael, and declared that the exequatur should re-trialed. It is important to point out that the Procuror General a Government Appointee used us an excuse for the re-trial one that was rejected earlier by the Court of Appeal, which is that Anne of Bourbon Parma, wife of ex King Michael should be cited. This is clearly now a human right abuse since the European Courts of Strasbourg, consider three years already to long for the recognition of a Court Decision from one country to another Ie: an exequatur. Which has now taken over 11 years.

24th June 2002 - The exequatur was won for a second time in the Romanian Court (Tribunal of Teleorman) first time it was won in this same Court, in 1995. This is really quite an extraordinary event!!!

22th October 2002 - Ex King Michael has made again an appeal which will be heard on the 2rd of december 2002. This is now clearly a legal abuse as well as a human right abuse.

2nd December, 2002 - Court delays yet again to the 14th January, 2003. Reasons: a clerk who wrote the wrong address on a citation to mrs. Urdareanu (a secondary witness), who - in fact- has declared in several letters to the Court that she does not wish to be involved in this case, an is in total accord of the 1955 purtuguese decision in favor of HRH Prince Carol Mircea of Romania, the older brother of ex-King Michael.

CONCLUSION

The Romanian Royal Family has two lines of succession.

1. The first marriage of His Majesty King Carol II of Romania with Ioana Valentina Lambrino in Odessa, Russia, in 1918 produced one child, His Royal Highness Prince Carol Mircea of Romania, born in Paris in 1948.

2. The second marriage of His Majesty King Carol II of Romania with Her Royal Highness Princess Helen of Greece in 1921. This union produced His Royal Highness Prince Mihai of Romania, future King Mihai, born in 1921. Ex - King Mihai married Princess Anne of Bourbon - Parma in Athens in 1948. This marriage produced five daughters. The eldest daughter, Her Royal Highness Princess Margareta of Romania was born in 1949.