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This decision was adopted by the Chamber of Deputies and the Senate in a joint session on October 20, 2020, in compliance with the provisions of art. 76 par. 2 of the Romanian Constitution ”, it is said in the Official Gazette.
Article 76 (2) stipulates that “Laws and ordinary decisions shall be adopted by majority vote of the members present in each Chamber.”
- “The president of the Legislative Council and the section presidents are appointed by majority vote of the deputies and senators, meeting in a joint session of the two Houses of Parliament, on the basis of three proposals from the permanent tables for each position, with the opinion of the mixed legal commissions “.
However, Florin Iordache was elected with the majority of votes of the parliamentarians present: 260 out of 465 present.
- “The law clearly establishes that the president and section chiefs are elected by a majority vote of the senators and deputies, not by a majority of those present. They did not have a majority. This vote is not in accordance with the law. There is no doubt that that the vote disagrees. ” Zegrean said.
Dan Barna announced this Wednesday that the USR parliamentary groups will notify the Constitutional Court of the nullity of the appointments made yesterday by parliament to the Legislative Council because the candidates did not comply with the number of votes required by law.
Law 73/1993, the law of the Legislative Council, provides that the appointment of the president and section presidents is done with the vote of the majority of deputies and senators. This technical phrase means that 50% + 1 of the vote of ALL parliamentarians is needed, not just those present, more precisely, appointments must be made in the current parliament with at least 233 votes, ”the USR president said on Facebook .