Romanian Constution again Under Scrutiny

Everyone in Romania seems to agree that the fundamental law needs amending. However, disagreements over the content of the amendments and the date of the referendum have again fanned the flames. Last week Social Liberal leaders announced that the referendum on the revision of the Constitution would be held jointly with the European Parliament elections in late May. Besides, Social Liberals want two days for the referendum, with a view to achieving the minimum 50% voter turnout required to validate the vote. Holding the two votes jointly is not illegal, but unfortunate, former Prime Minister Liberal-Democrat Emil Boc has stated. He argues that public attention will be diverted from the European Parliament elections, which are instrumental for the future of the Union and of each Member State.

Roxana Vasile, 20.01.2014, 13:08

Everyone in Romania seems to agree that the fundamental law needs amending. However, disagreements over the content of the amendments and the date of the referendum have again fanned the flames. Last week Social Liberal leaders announced that the referendum on the revision of the Constitution would be held jointly with the European Parliament elections in late May. Besides, Social Liberals want two days for the referendum, with a view to achieving the minimum 50% voter turnout required to validate the vote. Holding the two votes jointly is not illegal, but unfortunate, former Prime Minister Liberal-Democrat Emil Boc has stated. He argues that public attention will be diverted from the European Parliament elections, which are instrumental for the future of the Union and of each Member State.

Challenged by the opposition for not being able to carry through the modification of the Constitution, the power wants to prove the opposite. Once the Social Liberal Union’s action plan for 2014 is approved, the Parliamentary Committee for the Revision of the Constitution will convene on January 27 to resume debates on a new bill. The first draft law drawn in 2013 revealed certain weaknesses in the current Constitution. The new bill will take under advisement the recommendations made by the Venice Commission, the Legislative Council and associations of Professional Legal Advisors. The Social Liberal Union wants to submit the final draft of the new law to the Constitutional Court by early February. The court will subsequently decide whether the special parliamentary committee has complied with constitutional regulations when operating the amendments.

Some voices have warned that unless voters are informed in due time with respect to the new amendments, they will boycott the referendum. Several shortcomings have been highlighted in the first draft, among which the excessive limitation of the prerogatives of the head of state. Moreover, the opposition also criticizes the fact that citizens will lose the right to propose referendums to revise the Constitution. In addition, a number of articles in the draft law give Parliament limitless powers. Parliament could thus settle certain issues that would otherwise fall outside its remit. Further discontent has been voiced with respect to the President no longer being able to dissolve Parliament if MPs themselves are against the move. National Liberal Party leader Crin Antonescu has stated, though, that the Constitution draft law does not serve the interests of the Social Liberal Union and is in no way a threat to democracy, as some politicians have claimed.