Controversial draft on political affiliation of local elected officials published on Development Ministry website
The draft ordinance that would allow local elected officials to opt, within ten days since its coming into force, for the political party they want to be part of, without losing their mandates gained in the previous election, was published on the website of the Ministry of Regional Development and Public Administration (MDRAP).
According to the aforementioned source, the draft emergency ordinance regulates some measures regarding the functioning of the local public administration.
‘Within ten days since the coming into force of the present emergency ordinance, mayors and presidents of county councils, local councillors and county councillors, as well as the former candidates that didn’t win the elections becoming thus alternates of the mayors, presidents of county councils, of local and county councillors, may express in written form their option regarding the political party they want to be part of, without the local elected officials losing their status they had gained in the elections’, the document published on Tuesday on the MDRAP website shows.
Mayors and chairmen of county councils, local councillors and county councillors, as well as their alternates (former candidates that didn’t win the elections) are thus required to either submit a written statement to the political party or the national minority organisation, as the case dictates, they want to be part of, or they may submit it to the deliberative authority of the administrative-territorial unit/subdivision in which they ran, according to the draft normative act.
Furthermore, mayors and chairmen of county councils, local councillors and county councillors, as well as former candidates that were designated as their alternates, who choose not to submit the written statement, will be in one of the following two situations: they will either remain members of the political party or national minority organisation, as the case dictates, on the lists of the party that was part of a political or electoral alliance, if said alliance continues to exist from a legal point of view; or they become independents, if the political party or national minority organisation does not exist anymore from a legal point of view.
‘Candidates initially inscribed on the lists that were not elected are designated as alternates on the respective lists. In case of vacation of the mandates of local/county councilors, the alternates are to occupy the seats that have been vacated, in the order in which they are inscribed on the lists if the party they have opted for confirms in writing their appurtenance no later than the date of vacation of the seat’, article 2 of the ordinance shows.
PNL’s Andronache: Emergency ordinance draft likely to trigger political migration infringes several constitutional provisions
National Liberal Party (PNL) Deputy Gabriel Andronache announced that his party will make a request to the Ombudsman to challenge at the Constitutional Court the draft emergency ordinance prepared by the Social Democratic Party (PSD) meant ‘to trigger political migration’, for they consider it ‘unconstitutional’.
Furthermore, according to the Liberal MP, PNL will initiate a number of legal procedures against what they called ‘this juridical absurdity’, while claiming for the unconstitutionality of this normative act, under the provisions of Art. 9 of Law No. 554/2004.
‘Furthermore, we warn the ministers who will put their signature on this undemocratic and abusive ordinance that, in case that the Government actually issues this normative, we will file a criminal complaint against them for abuse of office’, said Andronache in a press release remitted on Wednesday to Agerpres.
According to him, the aforementioned ordinance draft infringes the principle of legality ‘by the fact that it introduces a legislative incident that is not regulated in the specialty legislation in force regarding normative technique – Law no. 24 of 2000 – namely suspending the effects of laws in force, on a limited term – 10 days.’
Andronache also stated that the provisions of Art. 4 of the ordinance ‘are ambiguous, violating one of the fundamental rights stipulated in the Constitution – the right to freedom of association – declaring, by force, as independents all local elected officers that are part of a party that is or will be removed from the Registry of Political Parties’.
In another development, National Liberal Party (PNL) First Deputy Chairman Ludovic Orban told a press conference in Giurgiu on Wednesday that he warned all local elected officers not to shift parties based on the GEO prepared by the Social Democratic Party (PSD) precisely to allow them to do so, for this would cause them to lose their mandates in the end, since the law would for sure be challenged in court.
‘The approval of this emergency ordinance represents a serious slippage from democracy, a serious violation of the political requirements Romania had to fulfill when it became EU member. We shall not stay with arms crossed. First of all, I am warning all local elected officers who want to shift parties not to do it because we shall challenge the emergency ordinance in court, on which occasion one of our requests will be those who changed their political party should be removed from their offices for doing so,’ Ludovic Orban said.