Are parliamentary elections going to be postponed?

Constitutional Court of Romania publishes motivation regarding the Law on the organisation of parliamentary elections

Corina Cristea, 15.10.2020, 13:50

In Bucharest, the issue of the date of the legislative elections continues to cause turmoil on the political scene. While the Social Democratic Party, which holds majority in Parliament following the results of the elections held four years ago, supports the idea that Parliament must choose the date, the Liberal Government and President Klaus Iohannis want the Executive to decide, as it has happened so far.

At the end of July, Parliament adopted a Law on some measures for organizing the elections for the Senate and the Chamber of Deputies, following the end of the mandate of the elected Parliament in 2016, which would allow the Legislature to decide the date.The CCR was notified in connection with the mentioned law, and in the meantime, the Government adopted a Decision by which it established that the parliamentary elections would take place on December 6.

At the end of September, the Court rejected the complaint made by the head of state and the Executive, and on Wednesday, the Constitutional Court published the motivation of its ruling. Establishing the date of elections after the expiration of Parliament’s mandate can only be done by organic law, and before the expiration of the mandate, by ordinary law, the motivation reads.

The document states that the Government Decision establishing the date of the parliamentary elections for December 6, although issued in compliance with the law in force on that date, automatically ceases its effects following the entry into force of the normative act subject to constitutional review, namely the law adopted by Parliament. The Court notes that both the concept of the law in question and the timing of its adoption are an expression of the principle of legal certainty, as it indicates in advance to the administrative body with delegated power to set the date of elections – namely the Government – that the date of elections will be set by organic law. It is not possible for both public authorities to concurrently establish the date of the elections, the administrative body thus knowing in advance that this competence has been withdrawn, the motivation also explains.

The President of the Chamber of Deputies and leader of the dominant party in Parliament, Marcel Ciolacu, announced on a television station that the legislative project regarding the postponement of the general elections of December 6 will enter the parliamentary procedure on Monday:

The motivation came from the Constitutional Court. The decisions of the Court must be taken note of and implemented and on Monday, already, the law on the date of elections can be promoted in Parliament. The bill has already been submitted by an unaffiliated colleague and we will discuss it normally, in committees.

Parliamentary elections will take place on December 6, only if President Klaus Iohannis sends for reconsideration, until October 24, the law adopted by Parliament and if the Legislature does not adopt a new normative act until the election date, former Constitutional Court President Augustin Zegrean explains. If the law comes into force before December 6, everything changes, everything resets. The head of the Prime Minister’s Chancellery Ionel Dancă has stated that the whole calendar related to the organization of the parliamentary elections for December 6 is in force, and the Executive will decide the ways to follow. (M. Ignatescu)