Romanian Constitutional Court invalidates Govt.’s decision on electoral calendar

16 October 2020

The Government's decision to schedule the general elections on December 6 becomes void once the draft law with amendments to the Electoral Law comes into force, according to the detailed ruling published by the Constitutional Court on October 14.

The draft law, promoted by Social Democrats and passed by its parliamentary majority, was referred by president Klaus Iohannis to the Constitutional Court.

Setting the date of the elections after the expiration of the Parliament's mandate requires an organic law. Setting the elections' date before the expiration of the Parliament's mandate can be done by ordinary law, shows the Constitutional Court in the motivation of its decision.

In principle, president Iohannis can send the draft law to the Parliament to buy more time and keep in force the Government's decision until the elections take place. However, the Parliament can also pass a law with a different election calendar.

Social Democrat leader Marcel Ciolacu hinted in an interview that the scenario of deferring the general elections is no longer as remote as it seemed until recently.

"From my point of view, the president and his Government have gotten the pandemic out of control. When you have 4,000 new cases a day, holding parliamentary elections is excluded. We must have a legitimate Parliament, not voted by just a few Romanians. How can the Parliament be legitimate when people do not come to vote," Ciolacu said on Wednesday evening, according to News.ro.

Social Democratic Party's satellite Pro Romania was even more vocal in asking to suspend the general elections until the epidemiological situation improves. 

andrei@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)

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Romanian Constitutional Court invalidates Govt.’s decision on electoral calendar

16 October 2020

The Government's decision to schedule the general elections on December 6 becomes void once the draft law with amendments to the Electoral Law comes into force, according to the detailed ruling published by the Constitutional Court on October 14.

The draft law, promoted by Social Democrats and passed by its parliamentary majority, was referred by president Klaus Iohannis to the Constitutional Court.

Setting the date of the elections after the expiration of the Parliament's mandate requires an organic law. Setting the elections' date before the expiration of the Parliament's mandate can be done by ordinary law, shows the Constitutional Court in the motivation of its decision.

In principle, president Iohannis can send the draft law to the Parliament to buy more time and keep in force the Government's decision until the elections take place. However, the Parliament can also pass a law with a different election calendar.

Social Democrat leader Marcel Ciolacu hinted in an interview that the scenario of deferring the general elections is no longer as remote as it seemed until recently.

"From my point of view, the president and his Government have gotten the pandemic out of control. When you have 4,000 new cases a day, holding parliamentary elections is excluded. We must have a legitimate Parliament, not voted by just a few Romanians. How can the Parliament be legitimate when people do not come to vote," Ciolacu said on Wednesday evening, according to News.ro.

Social Democratic Party's satellite Pro Romania was even more vocal in asking to suspend the general elections until the epidemiological situation improves. 

andrei@romania-insider.com

(Photo source: Inquam Photos/Octav Ganea)

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