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May 18, 2022

30 pc threshold in the referendum ruled constitutional

The decision will be enforced as of next year which means that the Constitution referendum will be organized under the current threshold of 50 percent plus one.

The Constitutional Court of Romania (CCR) ruled yesterday as constitutional the modification of the Law on organising and conducting a referendum which lowers the turnout threshold from 50 pc to 30 pc, if it is does not apply to the referendums held within a year since it is enforced, Mediafax informs. The decision was taken following the discussion of the complaint filed at the beginning of June by the opposition against the modification of the Law on organising and conducting the referendum, which lowers the turnout threshold. According to CCR judges, the decision is final and generally mandatory and will be communicated to the president of Romania and will be published in the Official Gazette, Part I.
On May 29, the Chamber of Deputies adopted with 221 votes to 73 and 2 abstentions, the draft law that lowers the turnout threshold in referendums to 30 pc. The legal initiative, signed by Valeriu Zgonea, Florin Iordache, Eugen Nicolicea and Bogdan Ciuca, modifies the law of the referendum by lowering the turnout threshold in this type of plebiscite and enforces a condition of a vote of 25 pc of electors for validating the results, the Chamber of Deputies being the decision making house for this draft law.
The same day the draft law was adopted, the leader of PDL deputies, Mircea Toader announced that PDL, UDMR and PPDD would challenge it at the Constitutional Court. The democrat-liberal warned that, if the law will be enacted, any Romanian mayor can be replaced by 25 pc of citizens, which is abnormal. In his turn, UDMR deputy Marton Arpad said that, following the adoption of this law, all the important decisions for the entire society will be made with 25 pc of the population. “I do not think that the revision of the Constitution should be made with 25 pc of citizens, I do not believe that a mayor should be dismissed with 25 pc, nor do I believe that the modification of the administrative-territorial boundaries must be made with 25 pc. I do not think that in all the situations of the rule of law decisions can be made with 25 pc,” Arpad stated.

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