End of the line for early elections

The constitutional Court has ruled against the emergency decree sanctioning the organization of early elections.

Ştefan Stoica, 13.03.2020, 13:50

Romania’s Constitutional Court on Thursday ruled by majority vote to invalidate the Government’s emergency decree on modifying the legislation for holding early legislative elections. The Court pointed out that the emergency decree eliminating a restrictive provision, thus allowing people to cast their votes in any polling station irrespective of the constituency they belong to, with the aim of eluding the very principle under which constituencies were created, goes against the Constitution.

At the same time the Court ruled that the provisions in the Government’s decree regulating the possibility of holding legislative and local elections simultaneously in 2020 violate citizens’ right to vote, subjecting them to a tedious and complicated voting procedure that would eventually restrain their freedom to express their political will and hence the efficiency of their right to vote. The dispositions are also in breach of people’s right to re-election, as they prevent someone from running for positions in the local administration (mayor, city councilor, county councilor) or in Parliament (deputy or senator).

Moreover, the Court also took under advisement the fact that the bill modifying the organization of legislative elections was passed less than a year before the elections were due. Court judges say the Government failed to observe the obligation to refrain from modifying election legislation, as per the recommendations of the Constitutional Court and the Code of good practices in electoral matters released by the European Commission for Democracy through Law (the Venice Commission).

The Court notes that the Government’s bill infringes on citizens’ election rights, as well as on Parliament’s constitutional remit. The Court’s ruling basically rules out the possibility of holding early elections. Over the three decades that have passed since 1989, Romania has never had snap elections. Under the Constitution, procedures to trigger the elections require the consensus of the majority of political parties. As a result, legislative elections will be held in autumn as scheduled, during which time the Liberals will have to face a hostile Social-Democratic majority. (translated by V. Palcu)