National referendum. Existing regulatory framework and future perspectives

• Author: Marieta SAFTA, PhD
• Position: Lecturer
• Pages: 56-69

National referendum.

Existing regulatory framework and future perspectives

Lecturer Marieta SAFTA

1, PhD

Abstract

Highlighting a number of shortcomings in the legisla tion on referendum, the

present study pr oposes some solutions for their correction, using in this respect the

experience a nd guidelines governing the matter in democratic states. Likewise, it

underlines the advantages of putting together into an election code both the electora l law

and the la w on the organ ization a nd holding of a referend um.

Keywords: referendum, Constitutional Cour t, legal certainty, rule of la w.

JEL Classification: K10

1. Introduction

The shortcomings in the referendum legislation as assessed in the past

years2 require its reconsideration and harmonization with the relevant international

documents, respectively with the amendments brought, in the last years, to

electoral legislation. The purpose of this study is to identify some of these

shortcomings, as well as solutions to correct them. It is thus continued the approach

presented in another paper3, where the issue raised by the current electoral

legislation was discussed in terms of the need to adopt an electoral code.

2. National referendum - legal framework

The Constitution of Romania contains references to the concept of

referendum in the following articles:

- Article 2 (1): “National sovereignty belongs to the Romanian people, who

shall exercise it through their r epresentative bodies established a s a result of free,

periodic and fair elections, as well as by means of a referendum”;

- Article 73 (3) d): “By organic laws it shall be regulated: [...] d) organisation

and conduct of a referendum’;

1 Marieta Safta - Law Department, Bucharest University of Economic S tudies, First assistant

magistrate to the Constitutional Court of Romania, marietasafta@yahoo.com

2 See, for example, the opinion expressed by the V enice Commission on the compatibility with

Constitutional principles and the Rule of Law of Government E mergency Ordinance amending Law

no. 3/2000 regarding the organisation of a referendum [Opinion no.685/2012, CDL-AD(2012) 026,

dated 17 December 2012].

3 Marieta Safta, The need to adopt an Electoral Code in Romania, paper presented at the Annual

Scientific Session of the Institute of Legal Research of the Romanian Academy with the topic

“Science and Coding in Romania”, 30 March 2012, available on line at www.ccr.ro - Internal and

international relations – 2012, visited on 1 February 2014