exercise power, because, under Article 74
and Article 150
from the Romanian
Constitution, at least 100,000 citizens entitled to vote, in the case of organic or ordinary laws,
respectively at least 500,000 citizens entitled to vote, in order of constitutional laws, can
prepare a legislative proposal, by respecting the provisions of Law no. 189/1999 regarding
the exercise of legislative initiative by the citizens, republished (Official Gazette nr. 516 of
June 8, 2004).
This semi-direct form of government is, in essence, "a form that people limit the
discretion of Parliament to legislate in an issue of a more or less general concern. Legislative
initiative is a mean by which people can force Parliament to legislate in a particular matter; it
is sufficient that a legislative proposal or an intention for regulatory legal to require the
enough number of signatures for the Parliament to be obliged to take it into consideration".
We must distinguish between the referendum and the exercise of legislative
initiative, as semi-direct forms of government. As so, in the assumption of an organized
referendum for revising the Constitution and the one to dismiss the president of Romania,
their organization and also the results of the referendum are binding, unlike the exercise of
legislative initiative, which is only a possibility of a minimum number of citizens to engage
in lawmaking, through a legislative proposal. If the optional referendum, asking people to
express their will on matters of national interest, legislation can give the President, after
consulting Parliament, to decide the organization or not of a referendum regarding the
adoption of a law. However, in the assumption of legislative initiative, Parliament is obliged
to take in consideration the legislative proposal which met the legal number of signatures.
The fact that Parliament is compelled to do so does not mean that he is obliged to adopt the
law project text or to adopt without changes.
Legislative initiative may take a form more or less formal, can distinguish between a
legislative initiative submitted and an unformulated
one. The formulated initiative exists
when people’s vote is held on a law project already drafted, technically speaking, like any
other law project, and unformulated initiative, by contrast, implies that people requires to
Parliament only to prepare a law project in a specific question, to debate it and to vote it.
To ensure participation of people in semi-direct governance by this way of legislative
initiative, Law no. 47/1992 regarding organization and functioning of the Constitutional
Court expressly provides the responsibilities of the Court in this way. So, the Court propose a
judgment establishing the constitutionality of proposed legislation, the fulfillment of the
conditions regarding the publication of the proposal, certificating the supporters lists and
gathering the minimum number of supporters
See article 74 from the Constitution: "(1) Legislative initiative belongs, as appropriate, the Government,
Deputies, Senators, or of at least 100,000 voting citizens. Citizens exercising the right of legislative initiative must
come from at least one quarter of the counties and in each of those countie, and in Bucharest, it must be registered
at least 5,000 signatures in support of this initiative.(2) There may be legislat ive initiative of citizens on matters
concerning taxation, international affairs, amnesty or pardon. (...) "
See Article 150 from the Constitution: "(1) Revision of the Constitution may be initiated by the President
on the Government proposal, at least a quarter of the deputies or senators and at least 500,000 voting citizens.
(2) Citizens who initiate constitutional revision must come from at least half the counties and in each of these
counties and in Bucharest must be registered at least 20,000 signatures in support of this initiative. "
See D. Ciobanu, op. cit., p. 151;
See D. Ciobanu, op. cit., p. 151;
See art. 48, Law no. 47/1992 regarding the organization and functioning o f the Constitutional Court: "The
Constitutional Court, on its own or on referral to the President of the Chamber of Parliament who had legislative
initiative of citizens, shall decide on: a) the constitutional character of the legislative proposal subject to citizens'