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March 28, 2023

CCR justifies its decisions on the suspension of the president and the single-winner uninominal vote

The Constitutional Court of Romania (CCR) wrote, in the justification of its June 9 decision on the conflict notified by Traian Basescu between the presidential institution and the Parliament, that only the latter may decide to suspend the president, as it has this authority, and once the procedure starts, it may not be stopped, as provided by the Constitution. “Even if one might consider that only the CC, given its role as guarantor of the Constitution, (…) may qualify the deeds blamed on the president as being serious or not, (…) the Parliament may not be stopped to exert its role of suspending or not the president, regardless of the positive or negative opinion of the Court, because this opinion has a strictly consultative role,” reads the document. Also yesterday, CCR made public the justification of the June 27 decision in which it ruled as non-constitutional the law of the single-winner voting system. The magistrates of the Court consider that this law is against constitutional provisions because it consecrates a legal solution contrary to the will of the people, expressed in the referendum of 22 November 2009. “Regarding the blamed regulation, it modifies the electoral law, i.e. Law 35/2008, and by regulating the type of voting it can result in an increase of the number of members of the Parliament, thus opposing the will of the people, expressed in the (2009) referendum.”

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