Parliament to set election date
Romanias Constitutional Court has decided that the law allowing Parliament to set the date for this years legislative elections is constitutional.
Eugen Coroianu, 30.09.2020, 14:00
The disputes between the Liberal government, enjoying the support of the head of state and Parliament, controlled by the Social Democratic opposition, continue and are mediated by the Constitutional Court. The latest ruling, just like many others before, favors Parliament. Thus, the Constitutional Court decided that the law allowing Parliament to set the date for the legislative elections this year is constitutional. The Court thus rejected the appeal filed by President Klaus Iohannis and the Government. The latter argued, among other things, that only a few months ahead of the elections, the new law changes the institution in charge with setting the day of the vote, which is against constitutional norms and which gives Parliament the prerogative to set the date in a discretionary manner.
Under the law passed by Parliament, elections can be held on March 15, 2021 at the latest, but not earlier than December 6. Meanwhile, the Government has already passed a decision setting December 6 as the election date. Consequently, a number of steps from the election calendar have already been taken. What happens next? President Iohannis now has two choices: to send the document back to Parliament for reexamination or to promulgate it. Given his stand on this matter, it is very likely he will go for the first one.
Talking about this scenario, former Constitutional Court President, Augustin Zegrean, has said on the public radio that, until the law takes effect, Parliament cannot set the election date: ”I don’t believe Parliament will be able to change the date of the elections because the duration of their mandate is stipulated in the Constitution and it can only be extended in special situations. So even if the MPs decide the elections should be held in January or February, their mandate ends exactly four years after they took over their mandate. After that date, if elections are not held right away, Parliament remains in office but cannot pass organic laws, modify the Constitution or take important decisions.” PM Ludovic Orban said in turn the Court’s decision is ‘very strange’ and wondered what would happen in the hypothetic situation in which the MPs did not want to set a date for the elections.
The law that gives Parliament the authority to set the election date this year, taking away this prerogative from the Government, who has had it for the last 30 years, was initiated by the Social Democratic Party, the Alliance of Liberals and Democrats and the Democratic Union of Ethnic Hungarians in Romania and was passed in July by the Senate and the Chamber of Deputies. Until it is published in the Official Journal, the electoral process for the parliamentary elections unfolds in keeping with the laws in force and the election date remains December 6, as decided by the Government. Meanwhile, local elections have just taken place in Romania, with the citizens waiting for the new local leaders to take over their mandates. (Translated by Elena Enache)
