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December 4, 2022

CCR: Locally elected mandate extension, only through organic law adopted by parliament

The local public administration authorities mandates can be extended only through an organic law adopted by Parliament and not through Government Emergency Ordinances (OUG), the Constitutional Court of Romania (CCR) established after admitting the notifications formulated by 73 deputies and by the Executive.

According to a CCR release sent to AGERPRES on Wednesday, the constitutional judges discussed the objections of unconstitutionality of the Law for the approval of Government Emergency Ordinance No.44/2020 regarding the extension of mandates of local public administration authorities, between 2016 and 2020, some measures for the organisation of local elections in 2020, as well as the amendment of Government Emergency Ordinance No.57/2019 regarding the Administrative Code, objections formulated by a number of 73 deputies and by the Government.

Following deliberations, the quoted source shows that the Constitutional Court, by a majority of votes, admitted the unconstitutionality objection and established that both OUG No.44/2020 and the law approving it are unconstitutional, being contrary to article 1 paragraphs (4) and (5), article 61 paragraph (1) and article 115 paragraph (6) of the Constitution, as the case may be.




On Wednesday, Interim Chairman of the Social Democratic Party (PSD) Marcel Ciolacu called on all the political forces so that Parliament can be convened next week, in order to promote a law regarding the extension of the locally elected officials’ mandates and the election date.

National Liberal Party (PNL) floor leader in the Chamber of Deputies Florin Roman argued on Wednesday that the CCR decision regarding the extension of local public administration authorities mandates represents “a new first of a Red Court led by Emperor Dorneanu,” who managed, “once again, to make a fool of himself.”

Alliance of Liberals and Democrats (ALDE) Chairman Calin Popescu-Tariceanu believes that the CCR decision regarding the unconstitutionality of amending the extension of locally elected officials’ mandates through an emergency ordinance “restores the power to the people” through its representatives.

Deputy Prime Minister Raluca Turcan said on Wednesday that CCR judges “are endangering” the functioning of the Romanian state through their decision on locally elected mandate extension and the election date, stressing that “it is absolutely necessary” for the CCR decision to “clearly” mention that the organisation of local elections rests with the Government.

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