General election can be delayed till March, CCR reasoning

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The Romanian Constitutional Court (CCR) has released on Wednesday the reasoning of its ruling that said the law allowing Parliament to set the date of general election is constitutional.

According to the CCR reasoning, elections due in December this year can be delayed for 3 months until March if the Parliament decides so.

At the same time, CCR says that once the law comes into force (after promulgation) the government resolution through which the Executive establishes the date of election of December 6 ceases to have effect.

The constitutional judges also argue that “general election can be held past their due date, so within a time frame of 3 months at the most since the four-year term of the parliament chambers expires”.

CCR also decided that in the case the Parliament’s mandate is extended, “establishing the date of elections cannot be done by the Government, but only by the Parliament, or amid the current epidemiological situation the risk is still here, so it is normal that the Parliament should take over the prerogative of deciding the date of elections”.

The mandate of the incumbent Parliament expires on December 20.

According to the procedure, the law is now going to promulgation. The Romanian President has ten days to promulgate the law or to ask the Parliament to re-examine it. After the reexamination, the head of state is compelled to promulgate the law within ten days.

Yet, it is not clear, once the procedure to organize general election starts (with lists of candidates being submitted on October 22 and the electoral campaign starting in early November) how the ballot can be postponed.

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