President Klaus Iohannis has sent back to the lawmakers the law through which the Parliament is establishing the date of general election.
The law has been declared constitutional by the Constitutional Court this summer and if the bill comes into force till December 6, as the date established by the Government for the ballot, the Parliament will be able to postpone elections.
In the re-examination request, the president says that, if elections are postponed, the Romanians’ constitutional rights in Diaspora, who have already voted by mail, will be violated.
The President also argues that all electoral procedures have been already started, adding that the delay of the ballot can be made only if the mandate of the current Parliament is extended and this situation is envisaged in the Constitution only in case of siege, state of mobilization, state of war or state of emergency.
The head of state also stated that the possibility of postponing general election leads to incertitude on all procedures under way so far, “including on the situation of the Permanent Electoral Authority’s reimbursing the sums spent by the parties to finance their political activity and the electoral campaigns in all electoral constituencies.”
The Constitutional Court has released the reasoning of its ruling on elections last week.
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”.
However, in order to be enforced, the law must be promulgated by the President of Romania. Constitutionally speaking, Iohannis is forced to promulgate the law after the re-examination request.
The Parliament is expected to deny the re-examination request filed by President Iohannis. Procedures, meaning the parliamentary committees and voting in the two chambers of Parliament, will take at least one week and after that, the law rejecting the re-examination can be challenged to CCR again. After the Court rules a decision, the President has 10 days at disposal to promulgate the law.