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Great Union Constitutionalism. Political and Legal Aspects

Great Union Constitutionalism. Political and Legal Aspects

Law, Society & Organisations Volume III, Issue 5 (2 / 2018)

Marius ANDREESCU University of Pitesti; Judge, Court of Appeal Pitesti Andra PURAN University of Pitesti

GREAT UNION CONSTITUTIONALISM. POLITICAL AND LEGAL ASPECTS

eywords Ion I.C. Bratianu and his personality, Governmental, political and diplomatic activity, Contributions to the adoption of the Constitution of 1923, Contributions to the adoption of legislation based on the K Fundamental Law of 1923, Constitutional acts of the

Abstract

The activity of some great politicians and statesmen of the time was of particular importance for the achievement of the Great Union in 1918. A remarkable personality of that time is Ion I.C. Brătianu. In this study we recall the great politician and statesman and in particular his major contribution to the adoption of the Constitution of 1923 which conferred constitutional significance to the great Union; he also contributed to the legislation adopted on the basis of the Fundamental Law from 1923 which aligned the Romanian state to the European states. The study outlines the historical context and content of the Declarations adopted in 1918 by which the Romanian provinces under foreign rule joined the Kingdom of . We consider that these documents are legal and political acts of constitutional value that are important for Romanian constitutionalism.

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ION I.C. BRATIANU, PERSONALITY AND on January 11, 1909, the Congress of the party ACTIVITY appointed him President of the National Liberal Party. A geographical area, such as a locality, can be The liberal government headed by Ion I. C. Bratianu identified in a number of ways: spatially, had been in power for a long time against a demographically, economically, culturally, etc. In background of instability of the Romanian political contrast, the individuality of a people is determined life in the . In total, the National by personalities that were born, lived or created in Liberal Party had ruled the country for 6 decades. that particular place, village, city or region, which This period was marked by bold reforms initiated thus becomes more than a simple geographical and supported by Ion I.C. Brătianu: the agrarian location: a space of culture and civilization. reform, the electoral law, the modernization of the Undoubtedly, Pitesti is such a cultural space, ‘a economy and the initiation of the liberal doctrine "by generator of civilization’, which can be ourselves", the development of foreign policy by individualized by the great personalities who left aligning the country to the new realities imposed by their mark on these places over time. Vila Florica, the outbreak of the First World War and last but not located a few kilometres from Piteşti, is a landmark least, the drafting of a new Constitution, which because it is associated with the Bratianu family became the fundamental law of the country. whose members were political and cultural The politician also faced strong political crises, personalities. especially the Dynastic crisis generated by a new Ion I.C. Brătianu is undoubtedly the most prominent renunciation by Prince Carol II of his prerogatives personality of this prestigious family from Pitesti. as crown prince. Despite all the vicissitudes of the Bratianu is considered to be the "shadow leader" of age, Ion I.C. Brătianu managed to overcome the interwar Romania, who through his prestigious moments of crisis and maintain the political stability activity greatly contributed to the creation and of the country. , described this as development of the modern Romanian state whose follows: "Now there were not two rulers of existence is to be marked definitively by democratic Romania, but one: Ion Bratianu. The Arges dynasty constitutionalism. Any evocation of the personality had completely overcome the Sigmaringen. of the great politician cannot sufficiently emphasize Ion I.C.Brătianu remained the master, the only and his immense contribution to the political, social and absolute master of a country that had endless cultural life. The count of Saint-Aulaire, the French patience." (Iorga, 1922) minister in , expressed his appreciation of the liberal leader: "He always excels at winning without making enemies. The near future will reveal ION I. C. BRATIANU, PROMOTER OF THE his highest qualities that make him one of the great GREAT UNION statesmen of his generation, even greater than the three great ones: Wilson, Lloyd George and Ionel Bratianu, after his father's death on 4 May Clemenceau. Nothing more natural: small countries, 1891, felt obliged to continue his father's political great people." (Scurtu, 1992: 39) work, so in 1895 he was a candidate for parliament Ionel Bratianu, as his relatives used to call him, was and was elected deputy of Gorj. On 31 March 1897, the eldest son of the former Prime Minister and Bratianu was appointed Minister of Public Works. founder of the National Liberal Party, Ion C. In this capacity, he paid special attention to the Bratianu and of Oltenita Pia Pleşoianu. He was born construction of railways by encouraging the projects on August 20th, 1864 at Villa Florica, Arges of the illustrious engineer Anghel Saligny. We County. He studied to become an engineer but he should bear in mind that in November 1897 the was also passionate about history and culture. This minister participated in the inauguration of the statesman had a deep sense of duty towards his railway Pitesti– Curtea de Arges. He also country and politics was, in his opinion, an art and a encouraged the development of the Port of complex phenomenon. His statement is still valid Constanta. today: "Most people think politics is fun, with On February 14, 1901, with the appointment of a benefits and honors. Politics is something serious, new Liberal Cabinet, Ion I. C. Bratianu received the serious about everything. You have the life and the portfolio of the Ministry of Public Works, and after future of your country in your hands." (Iorga, 1934: the government reshuffle of January 9, 1902, he 44) received the interim of the Foreign Ministry, whose Believing it was his duty to continue the political holder he would become on 18 July. The diplomatic work of his family, in 1895 he began his political activity that he carried out during this period was career as a Member of Parliament for Gorj County. remarkable. Ionel Bratianu took a close look at the He became Minister of Public Affairs, interim situation of the in the Ottoman and Minister of Foreign Affairs and Minister of the Austro-Hungarian Empires, paying special attention Interior. His modern conception of Romania's future to the Romanians in , whom he propelled him as a leader of the young liberals, and supported morally and politically. The Foreign

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Minister often intervened in and to agreements that were guarantees for the Romanian improve the situation of Romanians. In 1905 Ionel state. Such a diplomatic success was also the treaty and his brother Vintila Bratianu attended the concluded with Russia on September 18, 1914. By inauguration of the ASTRA Palace in . Later, this agreement, Russia committed itself to guarantee he visited the cities of Transylvania, meeting with and defend the territorial integrity of Romania and some of Avram Iancu's former collaborators. to recognize its rights over the Austro-Hungarian In all of his political work, Ion I.C. Bratianu was a territories inhabited by Romanians in exchange of promoter of political and social reforms. His voice "benevolent neutrality" of our country. At the same became one of the most important in the National time, the government also concluded an agreement Liberal Party, and his opinion was listened to and with Italy, in which the two countries agreed to considered even if he did not share the views of the inform each other of any changes in their policy elders in the party who opposed the reforms. In his (Giurescu, 2003: 158). speeches Bratianu emphasized the vital importance The public opinion supported the new political of the agrarian reform and of the economic orientation of the country, so that Ion I C. Bratianu development of Romania and supported the focused on the army. The prime minister showed introduction of the universal vote. great diplomatic strength and diplomacy, insisting His political personality became more and more on the conclusion of some political-military important, so that on January 1, 1909, the Party conventions, clearly stipulating the conditions under Congress nominated him as president of the which Romania would enter the war and the National Liberal Party with great enthusiasm, for he objectives it pursued. Thus, after long negotiations, represented "the best that the party and country on August 4, 1916, the collaboration treaties with the could ever have". Since the inaugural speech, the members of the Entente were signed. The diplomatic new president had set two fundamental principles battle he coordinated at the Peace Conference in for future work: "freedom of speech" and "discipline Paris speaks volumes about his political activity. in action". The main preoccupation of the Romanian Prime Another important stage of the political activity of Minister was the recognition of the unification of the the illustrious liberal began at the end of the Second three provinces with Romania. However, on January Balkan War (July 28, 1913). The political climate 18, 1919, the Paris Peace Conference, which had to became a man who was more inclined to carry on regulate the international war problems was a great the decisions for the implementation of reforms. In disillusionment for Ionel Bratianu. By the decision a letter addressed to King Carol I in August 1913, of the great victorious powers, Romania had limited Bratianu urged the transition to the reforms he had interests, being able to participate in the debates only thought of and believed in. The King was reluctant when invited, although according to the Convention fearing that these reforms would spark violent of 4 August 1916 Romania had enjoyed the same struggles on the political scene. After a conservative equal rights. The great powers prepared the Treaty government, Ion I.C. Bratianu was called for the of Peace with Germany without allowing the second time, on January 4 1914, to form the Council Romanian delegation to express their point of view of Ministers. After winning parliamentary elections, although our country had contributed to the war the president of the National Liberal Party issued the against Germany. Constitutional Revision on February 21 1914. A similar fact happened in the case of the Peace (Giurescu, 2003:120) Treaty with Austria. Under these circumstances, in The outbreak of delayed the expected May 1919, Ionel Bratianu presented a collective economic and social reforms. The context in which verbal note addressing Georges Clemenceau, our country had to position itself in this conflict must requesting that the draft treaties be communicated in be remembered. At that time Romania had a military advance in order for everybody to analyze them. treaty with the Triple Alliance, which was concluded However, only a summary of the treaties was by the current Prime Minister's father since 1883. submitted to the Romanian Government. In a speech The treaty had been kept secret because a pact with on the draft treaty and in a memorandum addressed Austro- was extremely unpopular among to the Council at the plenary meeting of the Allied the population. On September 27, 1914, King Carol states Ion I.C. Brătianu stated that Romania was I died, which meant for Romania the freedom to go determined to ensure the rights of minorities and to war against Austria-Hungary. In the new context, Romania should benefit from the same regime as all the prime minister became the central figure of the sovereign states. On September 10, 1919, the great political life, his decisions influencing Romania's powers signed the Treaty of Peace with Austria in historical destiny. No wonder he would be called the Saint-Germain, which Ion Bratianu had objected to. king of the country. As a result, Ion Bratianu resigned on September 12, During the period of neutrality (1914-1916), the 1919, from the head of the Council of Ministers entire coordination of the Romanian foreign policy because he did not want to sign this treaty. was taken over by the Prime Minister, who worked with great caution, the conclusion of diplomatic

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Buzdugan Secretary of the Country Council. CONSTITUTIONAL DOCUMENTS OF THE (Banciu, 2001: 98) GREAT UNION The main constitutional regulations were as follows: The Country Councils were to carry out an agrarian The statements of union of the Romanian provinces reform that had to be accepted without objection by of Transylvania, and Bucovina are part the Romanian government; Bessarabia would of what might be called the "constitutionality block" remain autonomous, having its own legislative body, of the Great Union. These statements have not been the Country Council, elected by democratic vote; the explicitly abrogated and, in our opinion, are still council of the country would vote for the local legally viable. A decisive political contribution to budget, to control the councils of the settlements and their drafting and adoption had the great politicians the cities, and to appoint the officials of the local Ion I.C. Brătianu and Marghiloman, who administration; the local laws and the administration successively held the post of Prime Minister during could only be changed with the consent of local that period. We will briefly refer to the adoption and representatives; the rights of minorities were to be content of these constitutional documents. guaranteed by law and respected in the Romanian On March 26 / April 8, 1918, Prime Minister state; two representatives of Bessarabia would be Marghiloman went to Chisinau, accompanied by part of the Romanian central government; General Constantin Harjeu, Minister of War, and Bessarabia was to send the a other dignitaries, where he was received with honors number of deputies in proportion to the population by the authorities. Until the Councils of the Country of the region; all elections would be organized on a of March 27, 1918 the committees of the Balti, democratic basis, based on direct, equal, secret and Soroca and Orhei provinces had been consulted universal suffrage; the new Constitution would about the Union with the . guarantee freedom of speech and religion; an Thus, on 13/26 March 1918, the "General Assembly amnesty was to be proclaimed for all those who of the Soroca district" voted unanimously in favor of committed political crimes during the revolution. the union with Romania and so did the General We note the timeliness of these provisions for any Assembly of 25th of March of Orhei Zemstve, modern democratic state. chaired by Bejbeuc-Melicov, representative of the Of the 135 deputies present, 86 voted in favor of the Armenian ethnic group in the Country Counsel. Union, 3 voted against, and 36 abstained, Marghiloman who participated in the solemn particularly among the German, Bulgarian and meeting of the Country Council on March 26 Ukrainian deputies, 13 abstentions. Five members of delivered a speech in which he emphasized the the Peasant Fraction, headed by V. Bârcă, and the necessity of the union. At the same time Alexandru representative of the Polish community, Deputy Marghiloman underlined the desire of the Romanian Felix Dudkevici were added to the votes of the government to respect their rights and freedom; he deputies of the Moldavian Bloc. The reading of the also stated that the Country Counsel had to "solve result was accompanied by thunderous applauses the agrarian issue according to people's wishes." and enthusiastic cries "Long live the Union with After the speech, Marghiloman left the room, Romania!" Prime Minister leaving the Country Council to deliberate on the and his suite were invited to the building after the Romanian government's proposals. council voted the union. The Prime Minister spoke On behalf of the Moldavian Bloc, deputy Ion and stated that "on behalf of the Romanian people Buzdugan read the declaration reading the union in and his king, His Majesty Ferdinand I, I take note of Romanian while its Russian version was read by the the council's decision and proclaim Bessarabia deputy Vasile Cijevski. united, this time forever, with Romania." On March On March 27, the country's council voted in a 30 / April 12, 1918, after the return of the Romanian nominal vote in favor of the Union with Romania; Prime Minister to Iasi, he celebrated the Union of the statement of the council indicated that: The Bessarabia with Romania. The royal decree Moldovian Democratic Republic (Bessarabia), promulgating the act of the Union of Bessarabia with within its borders between the Prut, the Nistru, the Romania was dated 9/22 April 1918. and the old border with Austria, which On November 15/28, the Romanian National had been more than one hundred years away from Council convened the General Assembly of old , in the power of historical law and Bucovina in the Synod Hall (the marble hall) of the national law, based on the principle that peoples Metropolitan Palace in Cernăuţi under the alone should decide their fate, from now on and chairmanship of . After the forever will be united with ROMANIA. The congratulations of Dionisie Bejan, President of the declaration of union ended with the words: "Long National Council the Congress unanimously voted live the union of Bessarabia with Romania forever the union with Romania with the support of most and ever!" On behalf of the Country Council, the German and Polish representatives. Here is the Declaration of the Union was signed by Ion Inculet, preamble of this important constitutional document: President, Vice-President and Ion "After great efforts and sacrifices undergone by

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Romania and its powerful and noble allies and after event, Vasile Goldiş evoked memorable moments in the crushing blows that the Austro-Hungarian our history and explained the historical monarchy received that shook its foundations until it necessity of the Union and the circumstances in collapsed and all nations gained the right to free self- which this had been done. Socialist Jumanca also determination, the first thought of the desolate expressed Romanian workers’ adhesion to the Bucovina goes to the Kingdom Romania, to which Union. The resolution of the Union was read by the we have always linked our hopes of achievement. Greek-Catholic bishop : That is why we, the General Assembly of Bucovina, "The National Assembly of all the Romanians in embody the supremacy and the power of the Transylvania, and the Hungarian Land, country, and being invested with legislative power assembled by their representatives in on on behalf of national sovereignty, we decide: the November 18th / December 1, 1918, decreed the unconditional and eternal union of Bucovina in its unification of Romanians and all the territories old frontiers, The Cheremosh River, the Colacin and inhabited by them with Romania. The Assembly the Nistru, to the Kingdom of Romania." (Banciu, proclaims, in particular, the inalienable right of the 2001: 78) Romanian nation to the entire Banat between the The congress sent a tribute to King Ferdinand, who rivers Mureş, Tisa and the " (Giurescu, 2003: was called "King and Liberator, and Bucovina's 106). Caregiver," asking him to receive Bucovina under The resolution included the program of the scepter of his Majesty. Iancu Flondor went to Iasi implementation: the provisional autonomy of the with a delegation of 15 people from Bucovina to territories until the constitution, full national send the message to the Romanian authorities. freedom for all cohabiting people, full confessional King Ferdinand sanctioned the act of unification by freedom for Transylvanian minorities, the the decree no. 3744 of 18/31 December 1918, implementation of a clear democratic regime in all published in the "Official Gazette" no. 217 of 19 the fields of public life, the radical agrarian reform, December 1918. The signatories of the act were labor protection, industrial legislation. The National King Ferdinand I and Ion I. C. Bratianu, President of Assembly asked the Peace Congress to ensure the Council of Ministers. By Decree-Law no. 3746 justice and freedom for both large and small nations of December 18-31, 1918, Ministers of state and to eliminate war as a means of regulating secretaries without portfolio in the central international relations. It greeted their brothers in government were named Iancu Flondor with Bucovina, who had escaped from the yoke of the residence in Cernăuţi and with Austro-Hungarian monarchy, the liberated headquarters in Bucharest. Czechoslovak, Austro-German, Serbian, Polish and The Alba Iulia Assembly was held in a festive Ruthenian nations. It expressed its respect for those atmosphere. There were 1228 official delegates, brave Romanians who had shed their blood in the representing all 130 electoral circles from the 27 war for the freedom and the unity of the Romanian Romanian counties, bishops, delegates of the nation, and finally expressed its gratitude and councilors, Romanian cultural societies, admiration to all the allied powers which, by representatives of schools and pedagogical fighting against the enemy, freed civilization from institutes, craftsmen’s associations, the Romanian the barbarous claws of war. Social-Democratic Party as well as military and At 12 o'clock on December 1, the unanimous vote of university youth organizations. The assembly the resolution, the Union of Transylvania with represented all social strata, all interests and all Romania was declared. The result of the vote on the branches of Romanian economic and cultural fields. resolution was announced by Gheorghe Pop de At that time - on December 1, 1918, 1228 delegates Băseşti: participated in the meeting in the Military Club "The National Assembly of the Romanian people in "Casina" Hall in Alba Iulia. Gheorghe Pop de Transylvania, Banat and the Hungarian parts Băseşti was elected as President of the Grand received the resolution presented by Vasile Goldiş, National Assembly. The delegates were elected on and thus the unification of this Romanian province the basis of the universal vote and were given with the motherland has been decided" (Giurescu, credentials that required the Alba Iulia assembly to 2003: 126). decide on the union of Transylvania, Banat, Crişana The Grand National Council was established as a and Maramureş with the Kingdom Romania. legislative body and the Conducting Council as an Delegates from Bucovina and Bessarabia also executive instrument. The president of this body was participated on behalf of the sister countries, which elected Iuliu Maniu. The headquarters of the had previously entered the great family of the Conducting Council was in Sibiu until autumn 1919. Romanian state. In the midst of unanimous endorsements and unlimited enthusiasm, Ştefan Cicio Pop, president of the Central Romanian National Council, presented the circumstances which had led to that glorious

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Insisting on the need to introduce all these principles THE GREAT LIBERAL GOVERNMENT. in the Constitution, the National Liberal Party's THE CONSTITUTION OF 1923. REFORMS manifesto addressed all the voters in Great Romania FOR MODERNIZING THE ROMANIAN and was published during the elections of 1920; it STATE highlighted the party's creed stating that it aimed to ensure the Romanian state's prosperity under a Under the new conditions created after the end of the constitutional, monarchical and democratic regime, First World War, the adoption of a new Constitution which had a unitary national character in its became one of the fundamental problems of the political, cultural and economic life. Romanian state. But the constitutional organization In accordance with this liberal political program was a particularly difficult problem for both the developed under the leadership of Ion I. C. Brătianu, monarchic institution and the governments of that the Constitution of 1923 is an expression of the period due to many internal, but especially external relations of the political forces of that period; it circumstances. The constitutional settlement had represented the main juridical and political basis of always been postponed until the Liberals came to the fundamental institutions of Romania, the power in early 1922. After long debates, the new Romanian state and the monarchical government Constitution was voted on March 26, 1923 in the based on the democratic, parliamentary and Assembly of Deputies and on March 27 in the Senate constitutional regime. Under this fundamental law, and was promulgated by the King and published in the principles of representativeness, the separation the "Official Gazette" on March 29, 1923. The new of powers, lawfulness and legitimacy of laws, as Constitution retained most of the articles of 1866 but well as those concerning the elective system and the introduced new issues corresponding to the new regime of property were more emphasized than Romanian reality after the Great Union and after the those contained in the Constitution of 1866. First World War. The Romanian Basic Law was one Undoubtedly the Basic Law of 1923 became a factor of the most advanced in Europe at that time being of progress in the democratization of the Romanian considered a liberal contribution. society. We will not refer to the content of this Constitution, During the great interwar liberal government but we must emphasize the decisive contribution democratic reforms were not limited to the that Ion I.C. Bratianu had to the principles and Constitution of 1923. Most of the measures in the regulations that underpinned the fundamental law of Brătianu government aimed at aligning the country the state. to the new post-war realities. After the adoption of The program of the National Liberal Party, whose the Constitution, at the initiative of Ion I.C. Brătianu, main author was Ionel Bratianu and which was at the several normative acts of vital importance for the basis of the elaboration of the Constitution of 1923 country were adopted and promulgated, including: emphasized that the domestic consolidation process the law on the organization of the army (24 June of the country would be based on the "national idea", 1924), the law on primary education (26 June 1924) on the democratization of the country, on order, on the law on the establishment of the Romanian progress and on social collaboration. The program is Patriarchy (February 25, 1925) and, last but not in first place the principle according to which "all least, the law on the administrative unification of all people must enjoy the most extensive rights, the provinces adopted on June 14, 1925, which was irrespective of their race or religion, so that they can based on the "preservation of the unitary character develop within our social organization in peace, of the countries." equality and satisfaction". On March 27, 1926, the electoral law of the "first The part of the program devoted to the majority" was promulgated. The main change democratization of the country included reforms that concerned the centralization of results, the allocation demanded the most rapid implementation, such as: of mandates and the proclamation of elected the need to organize professional unions, the right to representatives. It created a favorable electoral strike, collective negotiations and the protection of framework for the majority party to get more minors and women. The economic policy of the parliamentary mandates and thus to support the Liberal Party provided for the development of the government. country through "Romanian labor, initiative and Another important measure was the "Marzescu capital". This concept did not exclude cooperation Law", which included measures to combat crimes and participation of foreign capital but it was against public silence. This legal act constituted the intended to prevent the Romanian economy from legal basis for the measure of unlawfulness of the being subordinated to the economy of another state. . The program included "encouraging cultural During that period, important normative acts on advancements" in the cultural field and a "speedy labor and social protection of work were adopted: unification" without, however, mistaking this with the Sunday rest law (1925), the labor protection law centralization in administration. (1939) and the law on vocational training and the exercise of trades (1936). It is worth mentioning

72 Law, Society & Organisations Volume III, Issue 5 (2 / 2018) some important normative acts that contributed to possible repercussions of an act, so that before the modernization of the judiciary system in deciding to do something he examined, reexamined Romania: the 1925 law on the organization and and examined all its consequences and he went from functioning of the administrative litigation and the intention to action only after he had weighed all the normative act of 1933 for the organization of the favorable and unfavorable arguments and its labor jurisdiction. benefits appeared stronger and more evident than the There is not enough space to carry out a shortcomings. From his engineering studies he had comprehensive analysis of the laws adopted under the habit of never putting his foot on the ground the Constitution of 1923, but at the end of these before testing it and finding out how solid it was. But considerations we must emphasize that the once the gestation ended, once the decision was fundamental Law adopted at that time was the made, I have never met a man who is more inclined Constitution of unification, bonding and to carry out the decision in all my life and in my economically welding territorial, political and entire political career.” (Duca, 1994: 256) spiritual issues of Great Romania. It opened a new stage in the development of the country along the path of social progress and democracy aiming at the REFERENCES completion of the state organization and a unitary social life. On the basis of the Constitution whose [1] An interview with Nicolae Iorga. Neamul mentor was the great politician Ion I. C. Bratianu, it Românesc (232/14 octombre 1922). was possible to realize, at a relatively rapid pace, the [2] Banciu, A. (2001). Istoria Constituţională a entire process of the legislative unification that Românie (Constitutional history of Romania). emerged as an imperious national necessity in the Bucharest: Lumina Lex. first years after the union. [3] Duca, I.G. (1994). Memorii (Memories). The fundamental political and juridical settlement of Bucharest: Machiavelli. 1923 represents, in our opinion, the crowning of the [4] Giurescu, D. (2003). Istoria României în date political work of the illustrious statesman who was (History of Romania in dates). Bucharest: and remains Ion I.C. Bratianu. Enciclopedică. In conclusion, we quote Ion G. Duca’s memoirs [5] Iorga, N. (1934). O viață de om așa cum a fost which, in our opinion, recall the political genius of (A man life as it was).Bucharest: N. Stroilă. Ion I.C. Brătianu: "He never decided quickly ... from [6] Scurtu, I. (1992). Ioan I.C.Brătianu. Bucharest: the first moment he envisaged all the probable and Museion.

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