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April 11, 2021

Senate: Referendum on Constitution revision – on last Sunday of 30-day period since adoption of initiative in Parliament

The national referendum on the revision of the Constitution will be held on the last Sunday of the 30-day period since the adoption in Parliament of the normative act on revision of the Fundamental Law, following that this date to be brought to the public knowledge by the Government, the Senate decided on Monday, rejecting at the same time President Iohannis’ re-examination request.

The Senators adopted the Law on modification and supplementation of the article 6 of Law No. 3/2000 on the organization of the referendum in the form sent for promulgation, with 82 votes “in favour,” 32 “against” and two abstentions.

“The citizens are invited to express their will by voting in the national referendum with respect to the revision of the Constitution on the last Sunday of the 30-day period stipulated in the Constitution, calculated since the date of the adoption by Parliament of the constitutional law bill, with the Government having the obligation to bring to the public knowledge, immediately, by mass communication means, the text and date of the referendum,” specifies the adopted text.

The project was initially adopted by the Parliament in September, but the normative act was challenged with the Constitutional Court by the PNL (National Liberal Party) and USR (Save Romania Union) MPs. In the notification, the authors of the constitutionality challenge claimed that the law included norms which are likely to affect the Constitutional Court attribute of pronouncing within five days since the adoption of the Law on revision of the Constitution. In this sense, they showed that the single article’s item 2 of the criticized law establishes that Parliament has the duty of communicating to the Constitutional Court the Law on revision within two days since its adoption. The authors of the notification also criticized the fact that law grants Government the competence of establishing, by Government Decision, the date of the organization of the referendum on the revision of the Constitution, although this is an exclusive right of Parliament. The Court admitted on October 3 the constitutionality challenge, after which the Senate and then the Deputies’ Chamber reformulated the texts.

President Klaus Iohannis on March 14 asked Parliament to re-examine the Law on modification and supplementation of the Law No. 3/2000 regarding the organization of the referendum.

The re-examination request and the normative act will be debated by the Deputies’ Chamber, which is the decision-making factor in this case.

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