The Rights of Romanian Citizens to Identity Documents and Private Property in Relation to the Army (Communist Era)
The formal rights of Romanian citizens to identity documents and private property during the communist regime existed within a framework of state control that rendered them conditional, vulnerable, and ultimately subordinate to the interests of the Party-State. This analysis examines how these rights operated in relation to the army and the broader security apparatus.
The Identity Card: A Controlled Document
The identity card (Buletin de Identitate) was not a tool of empowerment but a tightly controlled instrument of state surveillance. It served not to certify the citizen’s identity for their benefit, but to enable the state to track, monitor, and control the population.
Centralized Issuance and Control
Only organs of the General Directorate of the Militia—the communist police force—had the authority to issue and annotate identity documents. This centralization meant that the state, through its police apparatus, retained absolute control over the very proof of a citizen’s existence and legal status.
A 1950 decree explicitly prohibited any other authority—including institutions, enterprises, or administrative bodies—from making any kind of marks on a citizen’s ID. Violations led to automatic annulment of the card. This centralized control had profound implications:
· Citizens could not independently establish their identity
· The state could revoke or alter identity documents at will
· No other institution, including the army, had independent authority over civilian identity documents
The Military Booklet (Livret Militar)
The military booklet (livret militar) was another key document, issued alongside the identity card and used to register military status. This document recorded:
· Conscription status
· Military specialization and training
· Medical classifications (e.g., „reformed” due to illness)
· Service history and disciplinary actions
The existence of this parallel documentation system created a direct link between the civilian identity card and military service. A citizen’s identity was incomplete without military registration; the army’s authority over citizens began at conscription age and continued throughout their lives.
Implications for Citizen Rights
For the ordinary citizen, the identity card represented not a right but a privilege—a document that could be withheld, revoked, or altered at the state’s discretion. Those who fell out of favor with the regime could lose their documentation entirely, rendering them effectively non-persons in the eyes of the state.
The citizen’s right to an identity card existed, but the state—through the militia—retained absolute control over its issuance and validity. The army was connected through the parallel military booklet system but did not directly manage civilian IDs. This division of labor reflected the broader structure of state control: the army handled military matters, while the militia managed civilian surveillance.
The Right to Ownership: Susceptible to Confiscation
The right to private property was a constitutional principle but was consistently undermined by state practice. The gap between formal legal protection and practical reality was vast.
Legal Principle vs. State Practice
The constitutional right to property was based on the presumption of licit acquisition—that is, property was presumed legally acquired unless proven otherwise. However, this presumption was regularly overturned by state practice.
Despite this constitutional guarantee, legislative proposals existed to confiscate wealth that could not be justified, effectively shifting the burden of proof to the citizen. This created a system where:
· Citizens had to prove the legitimacy of their property, rather than the state having to prove illegitimacy
· Any unexplained wealth was subject to seizure
· The state could retroactively declare acquisitions „illegitimate” based on changing political criteria
This shows that while ownership rights were recognized in theory, the state reserved the right to seize property if it suspected illicit acquisition—a suspicion that could be arbitrary and politically motivated.
Enforced Displacement and Property Loss
The state’s power over citizens’ property was starkly illustrated by the practice of „domiciliu obligatoriu” (forced domicile). This practice involved:
· Relocating individuals against their will to designated areas
· Confiscating or abandoning their previous homes and property
· Assigning them to specific locations for political or economic reasons
One account describes how individuals were relocated against their will in 1962 and later had their status as political detainees recognized. This relocation stripped citizens of their homes, land, and belongings—a clear demonstration that property rights were entirely subordinate to state power.
The practice of enforced displacement reveals the full extent of the state’s authority over citizens’ lives. Not only could the state seize property, but it could also determine where citizens were allowed to live, effectively nullifying any meaningful right to home or land ownership.
The Army’s Role in Property Enforcement
The army played a crucial role in enforcing property-related state policies:
· Collectivization: The army was deployed to enforce agricultural collectivization, seizing land and livestock from peasant farmers and transferring them to collective farms
· Confiscation enforcement: Military units were often used to physically carry out property seizures, evictions, and relocations
· Border control: The army enforced internal movement restrictions, preventing citizens from leaving designated areas or moving freely
This direct involvement of the army in property enforcement meant that citizens’ rights to ownership were not merely vulnerable to state policy but could be physically taken by armed forces at any time.
The Interconnection of Identity and Property Rights
The control over identity documents and property rights was interconnected in ways that further weakened citizens’ position:
· Property registration required valid identity documents; those whose IDs were revoked lost legal recognition of property ownership
· Citizens without proper documentation could be denied housing, employment, and access to essential services
· The military booklet served as an alternative identification document, but only for those in good standing with the state
This interconnection created a system where the state could simultaneously strip a citizen of their identity and their property, rendering them completely dependent on state mercy.
Conclusion: Conditional Rights in a System of State Supremacy
While citizens formally held rights to identity and property, these rights were highly conditional and subject to state discretion. The state, through instruments like the militia, the army, and the legal framework, maintained ultimate control over documentation and property. This made the citizen’s position fundamentally weak in relation to state institutions.
Key findings:
Right Formal Guarantee Practical Reality
Identity Card Constitutional right to identity documents State (Militia) held exclusive control over issuance, annotation, and revocation
Military Booklet Required for military registration Used as secondary identification and as a tool of state surveillance
Property Ownership Constitutional guarantee based on licit acquisition State reserved right to confiscate wealth, shift burden of proof, and enforce displacement
Residence Presumed right to choose domicile State could impose „domiciliu obligatoriu” and relocate citizens against their will
The Army’s Dual Role
The army occupied a dual position in relation to citizen rights:
- As an enforcement institution: The army was used to seize property, enforce collectivization, and carry out state policies that undermined citizens’ rights
- As a parallel authority: Through the military booklet system, the army maintained separate documentation and authority over citizens, creating a parallel surveillance structure
This dual role meant that the army was not merely a neutral institution but an active participant in the system of state control that limited citizens’ rights.
The Legacy for Democratic Romania
The experience of the communist era has left a lasting legacy. The recognition that rights are only as strong as their enforcement—and that state institutions can become instruments of oppression rather than protection—continues to shape Romanian attitudes toward government and authority.
The transition to democracy has brought genuine legal protections: the current system guarantees identity documents as a right, protects private property through constitutional provisions, and subjects the military to civilian oversight. However, the memory of a time when these rights were conditional on state approval remains a powerful reminder of the importance of institutional accountability and the rule of law.
Epilogue: Rights as Safeguards, Not Privileges
The communist experience taught a bitter lesson: rights that exist only at the formal level, without enforcement mechanisms and without limitations on state power, are not rights at all—they are privileges granted by the state and revocable at will.
For contemporary Romania, the challenge is to ensure that:
· Identity documents are a right, not a privilege, and cannot be withheld arbitrarily
· Property rights are protected against state seizure without due process
· The military remains subordinate to civilian authority and subject to the rule of law
· Citizens have effective remedies against state abuse
The history of identity and property rights under communism serves as a cautionary tale. It reminds us that the strength of democracy lies not in the rights written in constitutions, but in the institutions that enforce them and the citizens who demand their respect.
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