Venice Commission says Romania’s electoral law amendment in 2024 has not breached international standards

The substance of the revision, by emergency ordinance OUG 21/2024, of the merger of local and European elections in Romania in 2024 does not go against international standards, the Venice Commission concludes in a reportpublished on March 18, while admitting that the procedure was still problematic in some aspects.

Romania’s Government decided last spring, under an emergency ordinance, to hold European and local elections on the same date (June 9), some four months before the term of the local mayors ended. The ordinance was published on March 8 – only three months before the merged ballot.

The electoral calendar, including the presidential and parliamentary elections in November-December, had been subject to negotiations between the two ruling parties, who openly attempted to maximize their benefits from the timing of the ballots.

Although, in general, admitting that the substance of the revision of the electoral law does not breach international standards, the Commission admitted that the procedure was problematic in some aspects.

It objected to the long “period of cohabitation” (before the new local elected representatives took office) and to the hasty amendment of the electoral law less than one year before elections.

Furthermore, the Commission says that contrary to international standards, adopting the emergency ordinance was neither consensual nor the result of adequate public consultation.

The Venice Commission, therefore, recommends that the Romanian authorities refrain from legislating on electoral matters through emergency ordinances in the future, except when adopting rules on technical matters and details.

It also recommends that Romania regulate the merger of elections in statutory law, if needed in the future, well in advance of the date of the relevant elections.

The Commission thus responds to a request expressed on March 11, 2024, by the President of the Parliamentary Assembly of the Council of Europe.

(Photo: George Calin/ Inquam Photos)