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The president of Romania receives an unexpected blow a few days after the local elections of September 27, 2020. The head of state received bad news this afternoon from the members of the RCC
The judges of the Constitutional Court rejected, on Tuesday, the notification of President Klaus Iohannis and decided that the Parliament fix the date of the parliamentary elections this year.
President Klaus Iohannis notified the CCR of the Law on the Organization of Parliamentary Elections in August.
According to the notification of unconstitutionality sent to the ICR on Monday, the Law on the organization of parliamentary elections was approved by both the Senate and the Chamber of Deputies on July 27 and was sent two days later by the Presidency for enactment.
Klaus Iohannis asked the RCC to admit the claim of unconstitutionality and find the law unconstitutional as a whole: “In a similar way to setting the date for the local elections, Parliament opted for a legislative solution according to which the date of the next elections for the Senate and the Chamber of Deputies will be set by Parliament through organic law. Through the normative content , this regulation violates the provisions of various articles of the Constitution.“Said the head of state.
The notification emphasizes that the establishment of the date of the parliamentary elections by organic law, at least 60 days before the date of the elections, by repeal, creates a special legislative framework only for the next parliamentary elections.
“We appreciate that such a change, made less than 6 months before the legislative elections, violates the requirements of art. 1 par. (5) of the Constitution in its dimension on the predictability of the law and that of the security of legal relationships “the president explained.
He stated that a prerogative had thus been established for Parliament to set the date of parliamentary elections at its discretion.
“In the current context, the approval of a law that establishes the date of the parliamentary elections becomes all the more problematic in the event that one of the causes that condition the legal extension of the Parliament’s mandate, such as the state of emergency, intervenes. It is possible that the organic law that establishes the date of the parliamentary elections needs to be modified for reasons related to the evolution of the health situation.“Klaus Iohannis mentioned.
It affirms that through the inappropriate intervention and the excessive formalization of the procedure to establish the date of the elections, “the premises are created for the violation of other constitutional provisions and guarantees.”
“If the senators and deputies are forced to vote in favor of the adoption of the law that fixes the date of the elections, then the will of the parliamentarian is no longer free, the mandate becomes imperative, which places the law criticized on the ground of absolute nullity, “said Klaus Iohannis. , cited by Mediafax.
The President considers that Parliament acquires the power to set the date of elections in a discretionary manner, ignoring the rules established by the Constitution, and it is possible to extend the mandate of the current Parliament, outside the constitutional framework.
“The Chamber of Deputies and the Senate are elected for a period of 4 years, which is legally extended in a state of mobilization, war, siege or emergency, until its termination. (…) A democratic government presupposes that the people appoint their representatives to the level of public authorities at regular intervals. It follows that the mandate of public authorities must be limited in time“, Iohannis also explained.
According to the legislation, the Government is the one who establishes the date of the election, and the date of the election is made public at least 90 days before the voting day, publishing in the Official Gazette of Romania the decision of the Government on the date of the chose.
“The criticized norm can lead to the situation in which the Parliament can arbitrarily set the date of the elections, without any limitation and without sanction if, on the established date, it indirectly extends the current mandate”, also specified the president of Romania.
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