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Romania

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
b. No, existing regional/provincial/other boundaries are used

Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Last updated: 2004-11-22 10:21:20 UTC

BD02 The authority responsible for final approval of the constituency boundaries is:
e. Not applicable

Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Last updated: 2004-11-22 10:21:31 UTC

BD03 On what criteria are the boundaries drawn?
h. Not applicable

Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Last updated: 2004-11-22 10:21:41 UTC

BD04 If population is a criterion, which population figure is used?
g. Not applicable

Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Last updated: 2004-11-22 10:21:52 UTC

BD05 The body responsible for drawing the boundaries is:
g. Not applicable

Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Last updated: 2004-11-22 10:22:03 UTC

BD06 What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
m. Not applicable

Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Last updated: 2004-11-22 10:22:13 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Dr. Nagy, Csongor István
b. Job Title: expert
c. Organisation: ACEEEO
d. Contact Address. H-1118 Budapest, Ménesi út (street) 12.
e. Telephone: 0036703823653
g. Email: [email protected]; [email protected]

Last updated: 2005-03-20 15:59:11 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
a. Mandatory referendum
b. Optional referendum
e. Recall

Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, articles 6-12.
Last updated: 2005-03-20 16:04:58 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional

Source: Constitution, 2003, Section 95 and 150-152.
Last updated: 2005-03-20 16:06:11 UTC

DD04 What is the legal basis for optional referendums at the national level?
b. Specific laws/legislation

Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:06:31 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable

Source: Constitution, 2003; Law on referendums, 2000.
Last updated: 2005-03-20 16:06:55 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable

Source: Constitution, 2003; Law on referendums, 2000.
Last updated: 2005-03-20 16:07:21 UTC

DD07 What is the legal basis for recalls at the national level?
a. Constitutional

Source: Constitution, 2003, Section 95.
Last updated: 2005-03-20 16:07:40 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
b. Specific laws/legislation

Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:08:03 UTC

DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
b. Specific laws/legislation

Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:08:31 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Source: Constitution, 2003; Law on referendums, 2000;
Last updated: 2005-03-20 16:08:53 UTC

DD100 What restrictions, if any, are there in relation to signature collection for an agenda initiative?
f. Not applicable

Last updated: 2005-03-20 16:52:08 UTC

DD101 What restrictions, if any, are there in relation to signature collection for a recall?
f. Not applicable

Last updated: 2005-03-20 16:52:20 UTC

DD102 What form of checks are undertaken to verify signatures for a referendum?
d. Not applicable

Last updated: 2005-03-20 16:52:31 UTC

DD103 What form of checks are undertaken to verify signatures for a citizens' initiative?
d. Not applicable

Last updated: 2005-03-20 16:52:43 UTC

DD104 What form of checks are undertaken to verify signatures for a recall?
d. Not applicable

Last updated: 2005-03-20 16:52:54 UTC

DD105 Who is responsible for checking the signatures?
e. Not applicable

Last updated: 2005-03-20 16:53:05 UTC

DD106 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
f. Other (specify)

Comments: No such organisations.
Last updated: 2005-03-20 16:53:37 UTC

DD107 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
f. Other (specify)

Comments: No such organisations.
Last updated: 2005-03-20 16:54:10 UTC

DD108 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
f. Other (specify)

Comments: No such organisations.
Last updated: 2005-03-20 16:54:34 UTC

DD109 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
h. None

Last updated: 2005-03-20 16:55:18 UTC

DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Source: Constitution, 2003; Law on referendums, 2000;
Last updated: 2005-03-20 16:09:18 UTC

DD110 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
h. None

Last updated: 2005-03-20 16:55:31 UTC

DD111 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
h. None

Last updated: 2005-03-20 16:55:42 UTC

DD112 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
g. None

Comments: The Law on referendums refer simly to the rules of parliamentary elections but these rules cover only the organising of the process.
Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:57:29 UTC

DD113 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
h. Not applicable

Last updated: 2005-03-20 16:57:52 UTC

DD114 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
g. None

Comments: The Law on referendums refer simly to the rules of parliamentary elections but these rules cover only the organising of the process.
Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:58:17 UTC

DD115 What is the period during which these controls apply for a referendum?
c. Not applicable

Last updated: 2005-03-20 16:58:46 UTC

DD116 What is the period during which these controls apply for an initiative?
c. Not applicable

Last updated: 2005-03-20 16:59:02 UTC

DD117 What is the period during which these controls apply for a recall?
c. Not applicable

Last updated: 2005-03-20 16:59:16 UTC

DD118 Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the “Comments” section below.
d. No campaign organisations

Source: Law on referendums, 2000.
Last updated: 2005-03-20 17:00:21 UTC

DD119 Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the “Comments” section below.
f. Not applicable

Source: Law on referendums, 2000.
Last updated: 2005-03-20 17:01:28 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
b. Specific laws/legislation

Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:09:50 UTC

DD120 Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the “Comments” section below.
d. No campaign organisations

Source: Law on referendums, 2000.
Last updated: 2005-03-20 17:01:13 UTC

DD121 Which forms of public assistance, if any, are provided for a referendum? Specify in the “Comments” section below.
f. None

Source: Law on referendums, 2000.
Last updated: 2005-03-20 17:02:07 UTC

DD122 Which forms of public assistance, if any, are provided for an initiative? Specify in the “Comments” section below.
g. Not applicable

Last updated: 2005-03-20 17:02:21 UTC

DD123 Which forms of public assistance, if any, are provided for a recall? Specify in the “Comments” section below.
f. None

Source: Law on referendums, 2000.
Last updated: 2005-03-20 17:02:43 UTC

DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?
a. Not applicable.

Last updated: 2005-03-20 17:03:06 UTC

DD125 Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
a. Yes

Last updated: 2005-03-20 17:03:28 UTC

DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?
a. No restriction.

Last updated: 2005-03-20 17:03:46 UTC

DD127 What restrictions, if any, apply in relation to the individuals who can sign for a recall?
e. Not applicable

Last updated: 2005-03-20 17:04:04 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)
a. Mandatory referendum 1990
b. Optional referendum 2000
e. Recall 1992

Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, articles 6-12.; Decree-Law 29/1990.
Last updated: 2005-03-20 16:11:33 UTC

DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
a. Mandatory referendum 2000
b. Optional referendum 2000
e. Recall 2000

Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:12:03 UTC

DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission

Source: Law on referendums, 2000, articles 17-18 and 23.
Last updated: 2005-03-20 16:12:33 UTC

DD16 Does this agency/department also manage the administration of national elections?
a. Yes

Source: Law on the Election of the Chamber of Deputies and the Senate, 1991; Law on referendums, 2000.
Last updated: 2005-03-20 16:15:22 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:16:26 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:16:39 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:16:54 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:17:07 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:17:24 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:17:48 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:18:06 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:18:19 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:18:31 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Source: Law on referendums, 2000, article 2 and 13-14.
Last updated: 2005-03-20 16:18:43 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments

Source: Constitution, 2003, Section 150-152.
Last updated: 2005-03-20 16:19:39 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
j. Other (specify)

Comments: j: issues of national interest, which may cover everything that does not belong to mandatory referendum and that is not excluded (see infra).
Source: Constitution, 2003, Section 150-152., Law on referendums, 2000.
Last updated: 2005-03-20 16:21:27 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
c. Transfer of authority to international bodies
d. National sovereignty, national self-determination
f. Devolution
i. Other public policy issues
j. Other (specify)

Comments: The provisions of th2 Constitution with regard to the national, independent, unitary and indivisible character of the Romanian State, the Republican form of government, territorial integrity, independence of the judiciary, political pluralism and official language shall not be subject to revision. Likewise, no revision shall be made if it results in the suppression of the citizens fundamental rights and freedoms, or the safeguards thereof. Finally, the Constitution shall not be revised during a state of siege or emergency, or at wartime.
Source: Constitution, 2003, Section 150-152.
Last updated: 2005-03-20 16:23:32 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
c. Other public policy issues
d. Other (specify)

Comments: d: issues of local public interest.
Source: Law on referendums, 2000, article 2 paragraph (2).
Last updated: 2005-03-20 16:24:34 UTC

DD31 Who can initiate a referendum at the national level?
c. President
d. Legislative majority

Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:26:52 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
d. Legislature

Source: Constitution, 2003, 150-152; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:27:40 UTC

DD33 Who is responsible for drafting the optional referendum question?
c. President

Source: Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:28:02 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
a. The title of the proposal
b. The numbers of the articles or paragraphs of the legal instruments to which changes are proposed

Source: Constitution, 2003, 150-152; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:29:38 UTC

DD35 Which of the following, if any, are required to be included in the optional referendum question?
d. The full text of the proposal

Source: Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:29:56 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
c. President
d. Legislature

Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-21 19:02:46 UTC

DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
c. President

Source: Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:30:56 UTC

DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
c. No quorum required c:

Source: Law on referendums, 2000.
Last updated: 2005-03-20 16:31:27 UTC

DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
c. No quorom required c:

Source: Law on referendums, 2000, article 12.
Last updated: 2005-03-20 16:32:27 UTC

DD40 What are the requirements for mandatory referendums to pass?
a. Simple majority (>50%)

Source: Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:34:09 UTC

DD41 What are the requirements for optional referendums to pass?
a. Simple majority (>50%)

Source: Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:34:26 UTC

DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
f. Other

Comments: No difference.
Source: Law on referendums, 2000, article 17-18.
Last updated: 2005-03-20 16:35:02 UTC

DD43 When is the outcome of a mandatory referendum binding?
a. Always

Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:35:16 UTC

DD44 When is the outcome of an optional referendum binding?
a. Always

Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:35:33 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
d. Not applicable

Last updated: 2005-03-20 16:35:47 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
d. Not applicable

Last updated: 2005-03-20 16:35:58 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
k. None

Comments: Not applicable
Last updated: 2005-03-20 16:36:18 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
k. None

Comments: Not applicable.
Last updated: 2005-03-20 16:36:38 UTC

DD49 Who may propose the registration of a citizens' initiative? Please specify in the “Comments” section below.
d. Not applicable

Last updated: 2005-03-20 16:36:57 UTC

DD50 Who may propose the registration of an agenda initiative? Please specify in the “Comments” section below.
d. Not applicable

Last updated: 2005-03-20 16:37:09 UTC

DD51 What material is necessary to accompany an application for registration?
e. Not applicable

Last updated: 2005-03-20 16:37:23 UTC

DD52 Who determines the title of a citizens' initiative?
f. Not applicable

Last updated: 2005-03-20 16:37:37 UTC

DD53 Who determines the title of an agenda initiative?
f. Not applicable

Last updated: 2005-03-20 16:37:50 UTC

DD54 Which, if any, of the following disqualify a proposed title of an initiative?
h. Not applicable

Last updated: 2005-03-20 16:38:03 UTC

DD55 Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
e. None

Last updated: 2005-03-20 16:38:17 UTC

DD56 Under what circumstances is an initiative checked for constitutionality or legality?
d. Not applicable

Last updated: 2005-03-20 16:38:31 UTC

DD57 If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
f. Other (specify)

Comments: Not applicable.
Last updated: 2005-03-20 16:38:49 UTC

DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?
f. Not applicable

Last updated: 2005-03-20 16:39:01 UTC

DD59 Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens’ initiative?
g. Not applicable

Last updated: 2005-03-20 16:39:15 UTC

DD60 At which stage in the initiative process, if at all, can alternative proposals be made?
c. Other (specify)

Comments: Not applicable.
Last updated: 2005-03-20 16:39:37 UTC

DD61 What happens when there is a valid alternative proposal?
e. Not applicable

Last updated: 2005-03-20 16:39:48 UTC

DD62 When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
f. Not applicable

Last updated: 2005-03-20 16:40:03 UTC

DD63 Who decides the final ballot text?
f. Not applicable

Last updated: 2005-03-20 16:40:16 UTC

DD64 Once an initiative is qualified for the ballot, the vote on it takes place:
d. Not applicable

Last updated: 2005-03-20 16:40:29 UTC

DD65 Which of the following individuals/positions may be subject to the recall mechanism?
b. President

Source: Constitution, 2003, Section 95; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:40:53 UTC

DD66 What are the grounds upon which a recall may be launched?
a. Political or policy grounds
f. Other (specify)

Comments: Not specified.
Source: Constitution, 2003, Section 95; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:41:24 UTC

DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?
a. No restriction.

Source: Constitution, 2003, Section 95; Law on referendums, 2000.
Last updated: 2005-03-20 16:41:55 UTC

DD68 If a recall qualifies for the ballot, when is it put to the vote?
a. Within a certain time limit (specify)

Comments: 30 days.
Source: Constitution, 2003, Section 95.
Last updated: 2005-03-20 16:42:21 UTC

DD69 When does the election to replace an individual who has been recalled take place?
b. Separately and subsequently

Source: Constitution, 2003, Section 95.
Last updated: 2005-03-20 16:42:37 UTC

DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?
a. 3 months.

Source: Constitution, 2003, Section 95 and 97.
Last updated: 2005-03-20 16:43:09 UTC

DD71 Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
a. Yes

Comments: No provision to the contrary.
Source: Constitution, 2003, Section 95; Law on referendums, 2000, article 1-12.
Last updated: 2005-03-20 16:43:47 UTC

DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable e:

Last updated: 2005-03-20 16:46:13 UTC

DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable e:

Last updated: 2005-03-20 16:46:32 UTC

DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable e:

Last updated: 2005-03-20 16:46:48 UTC

DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable e:

Last updated: 2005-03-20 16:47:03 UTC

DD76 What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
c. Not applicable

Last updated: 2005-03-20 16:47:16 UTC

DD77 What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
c. Not applicable

Last updated: 2005-03-20 16:47:27 UTC

DD78 What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
c. Not applicable

Last updated: 2005-03-20 16:47:57 UTC

DD79 What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
c. Not applicable

Last updated: 2005-03-20 16:48:07 UTC

DD80 What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
e. Not applicable

Last updated: 2005-03-20 16:48:19 UTC

DD81 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
e. Not applicable

Last updated: 2005-03-20 16:48:29 UTC

DD82 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
e. Not applicable

Last updated: 2005-03-20 16:48:41 UTC

DD83 What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
e. Not applicable

Last updated: 2005-03-20 16:48:53 UTC

DD84 How many verified signatures are required to start the formal decision-making stage for a recall? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable e:

Last updated: 2005-03-20 16:49:08 UTC

DD85 What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
c. Not applicable

Last updated: 2005-03-20 16:49:25 UTC

DD87 Where can proposals for an abrogative referendum (optional) be signed?
g. Not applicable

Last updated: 2005-03-20 16:49:36 UTC

DD88 Where can proposals for a rejective referendum (optional) be signed?
g. Not applicable

Last updated: 2005-03-20 16:49:51 UTC

DD89 Where can proposals for a citizens' initiative be signed?
g. Not applicable

Last updated: 2005-03-20 16:50:02 UTC

DD90 Where can proposals for an agenda initiative be signed?
g. Not applicable

Last updated: 2005-03-20 16:50:16 UTC

DD91 Where can proposals for a recall be signed?
g. Not applicable

Last updated: 2005-03-20 16:50:28 UTC

DD92 What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
e. Not applicable

Last updated: 2005-03-20 16:50:39 UTC

DD93 What information must signatories provide when signing the proposal for a rejective referendum (optional)?
e. Not applicable

Last updated: 2005-03-20 16:50:49 UTC

DD94 What information must signatories provide when signing the proposal for a citizens' initiative?
e. Not applicable

Last updated: 2005-03-20 16:51:00 UTC

DD95 What information must signatories provide when signing the proposal for an agenda initiative?
e. Not applicable

Last updated: 2005-03-20 16:51:12 UTC

DD96 What information must signatories provide when signing the proposal for a recall?
e. Not applicable

Last updated: 2005-03-20 16:51:23 UTC

DD97 What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
f. Not applicable

Last updated: 2005-03-20 16:51:35 UTC

DD98 What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
f. Not applicable

Last updated: 2005-03-20 16:51:46 UTC

DD99 What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
f. Not applicable

Last updated: 2005-03-20 16:51:56 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Biroul Electoral Central
b. Full Address Press Center, Bucharest, 62-64 Gen. Berthelot Street
c. Telephone (401) 311-3670; (401) 311-3672; Press Center: (401) 233-1878
d. Facsimile (401) 311-3669
e. Email [email protected]
f. Website Address www.kappa.ro/guv/bec
g. Name and Title of Chairperson/President Pastor, Leonida, judge of the Supreme Court
i. Official language of the electoral law governing national elections Romanian

Comments: Name and Title of Chairperson/President: The Central Electoral Commission is not permanent, the mandate of the commission, as well as the office of the chairperson, is limited to the end of the current elections.
Source: http://www.kappa.ro/guv/bec/
Last updated: 2004-11-22 10:19:05 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level

Source: Law on Election of the Parliament, articles 23 (paragraph 1) and 25 (paragraph 1).
Last updated: 2004-11-22 10:19:28 UTC

EM03 The national electoral management body reports to:
c. The legislature

Source: Law on Election of the Parliament, article 68 (paragraphs 2-4).
Last updated: 2004-11-22 10:19:39 UTC

EM04 The budget of the national electoral management body is determined by:
c. The legislature

Comments: c.) Any costs or expenses incurred from carrying out the election proceedings shall be paid out of the State budget. The seat and equipment shall be provided by the Government, those of the constituency commissions by the prefects, and those of the polling stations by the mayors, together with the prefects.
Source: Law on Election of the Parliament, article 83 (paragraphs 1-2).
Last updated: 2004-11-22 10:20:01 UTC

EM05 The expenditures of the national electoral management body are controlled by:
g. Other

Comments: g.) There is no specific rule in the national electoral law, but the Court of Auditors controls all public money matters.
Source: Constitution, article 139.
Last updated: 2004-11-22 10:20:14 UTC

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: 8 year for the president and two vice-presidents, while the remaining members are incumbent only during the elections.
Source: Law on Election of the Parliament, article 23 (paragraph 1).
Last updated: 2005-03-30 13:18:37 UTC

EM07 The national electoral management body chairperson, or equivalent, is chosen in the following way:
a. Elected (specify by whom)

Comments: The chairperson is elected by the 23 members of the Central Election Commission.
Source: Law on Election of the Parliament, article 24 (paragraph 3).
Last updated: 2004-11-22 10:20:50 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 17699727

Source: http://www.ipu.org/parline-e/reports/2261_E.htm
Last updated: Sun, 11 Aug 2002 21:48:13 GMT

Electoral Systems

ES01 How is the Head of State selected?
c. Directly elected in general elections (absolute majority with 2nd round if necessary)

Source: Constitution, article 81 (paragraph 1-3). Law on Election of the President, article 1.
Last updated: 2004-11-25 10:09:59 UTC

ES02 How is the Head of Government selected?
c. Indirectly elected by legislature/chosen by parliament

Comments: Indirectly elected by legislature, Chamber 1 and Chamber 2 combined.
Source: Constitution, article 102.
Last updated: Wed, 21 Aug 2002 17:22:39 GMT

ES03 Does the country have a president?
a. Yes

Source: Constitution, article 80 (paragraph 1).
Last updated: Wed, 21 Aug 2002 17:23:21 GMT

ES04 The national legislature consists of (one/two chambers):
b. Two chambers

Source: Constitution, article 58 (paragraph 2).
Last updated: Wed, 21 Aug 2002 17:24:02 GMT

ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation

Source: Constitution, article 59 (paragraph 3). Law on Election of the Parliament, article 3 (paragraph 1) and article 66.
Last updated: 2004-11-19 14:27:01 UTC

ES06 What is the electoral system for Chamber 2 of the national legislature?
g. List Proportional Representation

Source: Constitution, article 59 (paragraph 3). Law on Election of the Parliament, article 3 (paragraph 1) and article 66.
Last updated: 2004-11-19 14:30:06 UTC

ES07 If List PR is used, is a highest average formula used?
a. d'Hondt Formula

Source: Law on Election of the Parliament, article 66.
Last updated: 2004-11-22 10:07:35 UTC

ES08 What is the level at which seats are distributed in Chamber 1?
a. National level
c. Regional/provincial level

Source: Law on Election of the Parliament, article 66 (paragraph 3).
Last updated: 2004-11-22 10:07:52 UTC

ES09 What is the level at which seats are distributed in Chamber 2?
a. National level

Comments: Seats are also distributed at the regional/provincial level.
Source: Law on Election of the Parliament, article 66.
Last updated: 2004-11-22 10:08:07 UTC

ES10 Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
a. Yes

Comments: If a minority group obtains at least 5 % of the average number of validly expressed votes throughout the country, they gain one deputy mandate.
Source: Constitution, article 59. Law on Election of the Parliament, article 4.
Last updated: 2004-11-22 10:08:22 UTC

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
a. Nationality or ethnic groups - proportion of total seats (%) 0.29

Comments: If it obtains at least 5 % of the average number of validly expressed votes throughout the country, a minority gains one of 345 deputy mandates.
Source: Constitution, article 59 (paragraph 3). Law on Election of the Parliament, article 4 (paragraph 1).
Last updated: 2004-11-22 10:08:37 UTC

ES12 Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
b. No

Source: Constitution. Law on Election of the Parliament.
Last updated: 2004-11-22 10:08:51 UTC

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable X

Comments: Special constituencies or seats are not reserved in the Senate.
Last updated: Wed, 21 Aug 2002 17:35:30 GMT

ES14 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
b. Specify the percentage:

Comments: 5%
Source: Emergency Decree 129/2000, article 1 (paragraph 5).
Last updated: Wed, 21 Aug 2002 17:36:56 GMT

ES15 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
b. Specify the percentage:

Comments: 5%
Source: Emergency Decree 129/2000, article 1 (paragraph 5).
Last updated: Wed, 21 Aug 2002 17:38:16 GMT

ES16 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
b. Specify the percentage:

Comments: b.) 5%
Source: Law on Election of the Parliament, articles 65 (paragraph 2) and 66 (paragraph 1), amended by Emergency Decree 129/2000, articles 1 and 2.
Last updated: 2004-11-22 10:09:36 UTC

ES17 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
b. Specify the percentage:

Comments: b.) 5%
Source: Law on Election of the Parliament, articles 65 (paragraph 2) and 66. (paragraph 1), amended by Emergency Decree 129/2000, articles 1 and 2.
Last updated: 2004-11-22 10:09:57 UTC

ES18 Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
a. At fixed intervals (specify length)
c. On a fixed day of the week (specify day, specify if holiday)

Comments: a.) Every 4 years. Elections shall be held within three months from the expiration of the term of office or the dissolution. c.) Sunday
Source: Constitution, article 60 (paragraph 2). Law on Election of the Parliament, article 6 (paragraphs 1 and 2)
Last updated: 2004-11-25 09:24:31 UTC

ES19 Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
a. At fixed intervals (specify length)
c. On a fixed day of the week (specify day, specify if holiday)

Comments: a.) Every 4 years. Elections shall be held within three months from the expiration of the term of office or the dissolution. c.) Sunday
Source: Constitution, article 60 (paragraph 2). Law on Election of the Parliament, article 6 (paragraphs 1 and 2).
Last updated: 2004-11-25 09:24:48 UTC

ES20 Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
a. Voting takes place on one day

Source: Law on Election of the Parliament, article 6 (paragraph 2).
Last updated: 2004-11-22 10:11:08 UTC

ES21 Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
a. Voting takes place on one day

Source: Law on Election of the Parliament, article 6 (paragraph 2).
Last updated: 2004-11-22 10:11:20 UTC

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
c. Decree

Source: Constitution. Law on the Election of the Chamber of Deputies and the Senate. Law on Election of the Parliament. Law on Election of the President. Law on Political Parties; Emergency Decree 3/1996.; Emergency Decree 129/2000.;Emergency Decree 140/2000.; Emergency Decree 165/2000.
Last updated: 2004-11-22 10:12:45 UTC

LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
a. January 2000 or later

Comments: 2004.
Source: Legea nr. 373/2004 pentru alegerea Camerei Deputatilor si a Senatului.
Last updated: 2005-03-30 13:20:29 UTC

LF03 The national electoral law covers:
a. National elections

Source: Constitution. Law on the Election of the Chamber of Deputies and the Senate. Law on Election of the Parliament. Law on Election of the President. Law on Political Parties; Emergency Decree 3/1996.; Emergency Decree 129/2000.;Emergency Decree 140/2000.; Emergency Decree 165/2000.
Last updated: 2004-11-22 10:13:13 UTC

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Source: Constitution, article 34.
Last updated: Wed, 21 Aug 2002 17:47:42 GMT

LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
a. National elections are not held on the same day as regional or local elections

Comments: There are no such provisions.
Last updated: Fri, 19 Apr 2002 18:59:54 GMT

LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
a. Presidential elections are not held on the same day as national legislative elections

Comments: There are no such provisions.
Last updated: Fri, 19 Apr 2002 19:00:55 GMT

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary
b. EMB

Comments: a.) Voters' list and petty offences. b.) Central Electoral Commission in cases regarding the proceedings of the electoral commissions at the polling stations. Constituency Electoral Commission in cases regarding the proceedings of the electoral commissions at the polling stations.
Source: Law on Election of the Parliament, articles: 12 (paragraph 2), 16 (paragraph 5), 25 (paragraph 1 and 3), 27 (paragraph 1), 32 (paragraph 2), 48 (paragraph 1), and 74 (paragraph 4).
Last updated: 2004-11-25 09:27:40 UTC

LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable

Comments: The agency/ies which settles formal disputes is not specially appointed/elected.
Last updated: Wed, 21 Aug 2002 17:54:44 GMT

LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
b. Parties
c. Voters

Source: Law on Election of the Parliament, articles 12, 16, 25, 27 (paragraph 1), 32 and 48.
Last updated: 2004-11-22 10:14:42 UTC

LF10 What body(ies) is the final appellate authority for formal electoral disputes?
a. Electoral Management Body
b. Constitutional (or similar) Court
c. Superior Court

Comments: a.) Generally, the final appellate authority in parliamentary elections: voiding the elections, formation of the constituency electoral commissions. b.) Exclusively in cases concerning presidential elections. c.) Registration of nominations, formation of the Central Electoral Commission.
Source: Law on Election of the Parliament, articles: 25 (paragraphs 1-4), 32(paragraph 2), 36 (paragraph 4), and 48 (paragraph 3). Law on Election of the President, articles 17 and 24 (paragraph 1-4).
Last updated: 2004-11-22 10:15:18 UTC

LF11 Which body(ies) proposes electoral reforms?
b. Legislative Committee
c. Government

Last updated: Fri, 19 Apr 2002 19:03:02 GMT

Media and Elections

ME02 Which of the following types of radio stations are present at a national level in your country?
a. Publicly owned
c. Privately owned

Last updated: 2005-03-30 13:27:12 UTC

ME03 Which of the following types of television stations are present at a national level in your country?
a. Publicly owned
c. Privately owned

Last updated: 2005-03-30 13:27:28 UTC

ME04 Which of the following types of daily and weekly newspapers are present at a national level in your country?
c. Privately owned

Last updated: 2005-03-30 13:27:39 UTC

ME05 Which of the following do you believe best describes the print media situation at the national level in your country?
d. No government newspaper: competition between two or more major private newspapers

Last updated: 2005-03-30 13:28:00 UTC

ME06 What proportion of the population can receive transmissions of the national level programming of private radio stations?
a. Over 60%

Last updated: 2005-03-30 13:28:10 UTC

ME08 What proportion of the population can receive transmissions of the national level programming of private television stations?
a. Over 60%

Last updated: 2005-03-30 13:28:20 UTC

ME09 In your opinion, which of the following types of media in your country have a public reputation for being independent?
b. Private radio
d. Private television

Last updated: 2005-03-30 13:28:38 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
a. a

Comments: Law on Access to Public Information
Source: Law on Access to Public Information, 2001.
Last updated: 2005-03-30 13:45:55 UTC

ME14 What proportion of the population can receive transmissions of the national level programming of the public television stations?
a. Over 60%

Last updated: 2005-03-30 13:35:48 UTC

ME15 What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
a. Over 60 %

Last updated: 2005-03-30 13:37:38 UTC

ME16 In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
c. Private radio
f. Private television
g. Print media

Last updated: 2005-03-30 13:42:11 UTC

ME17 In your opinion, which of the following types of media in your country have a public reputation for being independent?
b. Private radio
d. Private television

Last updated: 2005-03-30 13:42:42 UTC

ME20 Who grants licenses/frequencies to private broadcasters?
b. Independent regulator

Comments: National Broadcasting Council
Source: Audiovisual Law adopted in 1992
Last updated: 2005-03-30 13:45:24 UTC

ME21 Who is allowed to hold broadcasting licenses?
b. Private companies

Source: Audiovisual Law, 1992.
Last updated: 2005-03-30 13:47:28 UTC

ME23 Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
a. Yes

Last updated: 2005-03-30 14:00:59 UTC

ME24 What legal instruments are used to regulate media coverage of elections?
a. Law
b. Secondary legislation (e.g. regulations)
c. Voluntary agreement or self-regulation

Last updated: 2005-03-30 14:01:15 UTC

ME25 Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
a. Statutory regulator (e.g. broadcasting licensing body)
b. Voluntary regulator (e.g. media council, journalists' ethics committee)
c. Government
d. Legislature
e. Judiciary

Source: Audiovisual Law, 1992.
Last updated: 2005-03-30 14:01:49 UTC

ME26 What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
b. Requiring balance in media news coverage of an election

Last updated: 2005-03-30 14:02:16 UTC

ME27 Does the EMB monitor media coverage of elections?
b. No

Last updated: 2005-03-30 14:02:29 UTC

ME28 What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take
a. Enforcement of a right of reply, correction or retraction
b. Administrative penalty

Last updated: 2005-03-30 14:02:51 UTC

ME29 Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
a. Yes

Source: Law on the election of the Chamber of Deputies and the Senate, 2004, article 68.
Last updated: 2005-03-30 18:07:43 UTC

ME30 What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
a. Criminal prosecution
b. Administrative sanction

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Last updated: 2005-03-30 14:05:36 UTC

ME31 Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
b. No

Source: http://www.ejc.nl/jr/emland/romania.html#5
Last updated: 2005-03-30 14:06:12 UTC

ME32 If so, how well do you perceive this code of ethics to be respected?
d. Not respected at all

Source: http://www.ejc.nl/jr/emland/romania.html#5
Last updated: 2005-03-30 14:06:27 UTC

ME33 Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
a. EMB

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Last updated: 2005-03-30 14:07:09 UTC

ME34 Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
a. Publicly owned
c. Privately owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Last updated: 2005-03-30 14:10:09 UTC

ME35 Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
a. Publicly owned
c. Privately owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Last updated: 2005-03-30 14:11:15 UTC

ME36 Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
c. Privately owned

Last updated: 2005-03-30 14:11:26 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 62.
Last updated: 2005-03-30 14:11:44 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising b:

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004,
Last updated: 2005-03-30 14:18:23 UTC

ME39 Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
a. Publicly owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Last updated: 2005-03-30 14:19:06 UTC

ME40 Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
a. Publicly owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Last updated: 2005-03-30 14:20:18 UTC

ME41 Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
e. None

Last updated: 2005-03-30 14:20:29 UTC

ME42 What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
a. Equal regardless of size and previous performance

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Last updated: 2005-03-30 14:20:47 UTC

ME43 Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
a. Publicly owned
c. Privately owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-62.
Last updated: 2005-03-30 14:21:53 UTC

ME44 Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
a. Publicly owned
c. Privately owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-62.
Last updated: 2005-03-30 14:22:27 UTC

ME45 Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
c. Privately owned

Last updated: 2005-03-30 14:22:48 UTC

ME46 What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
d. Based on mixture of principles (specify)
g. Not regulated: based only on the amount the candidate wishes to spend

Comments: Proportionality, equity, balandec communication etc.
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-63.
Last updated: 2005-03-30 14:24:46 UTC

ME47 Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
a. Publicly owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-63.
Last updated: 2005-03-30 14:25:06 UTC

ME48 Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
a. Publicly owned

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-63.
Last updated: 2005-03-30 14:25:39 UTC

ME49 Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
e. None

Last updated: 2005-03-30 14:25:58 UTC

ME50 What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
d. Based on mixture of principles (specify)

Comments: Equal opportunity, balanced communication, objectivity etc.
Source: Law on the Election of the President, 2004.
Last updated: 2005-03-30 14:27:40 UTC

ME51 Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
a. Publicly owned
c. Privately owned

Source: Law on the election of the president, 2004.
Last updated: 2005-03-30 14:28:18 UTC

ME52 Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
a. Publicly owned
c. Privately owned

Source: Law on the election of the president, 2004.
Last updated: 2005-03-30 14:28:34 UTC

ME53 Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
c. Privately owned

Last updated: 2005-03-30 14:28:53 UTC

ME54 What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
d. Based on mixture of principles (specify)

Comments: Equility, objectivity, balanced etc.
Source: Law on the election of the president, 2004.
Last updated: 2005-03-30 14:29:31 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
b. The law does not specify any limits on paid advertising b:

Source: Law on the election of the president, 2004.
Last updated: 2005-03-30 14:29:50 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
b. There are no laws in this regard b:

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Last updated: 2005-03-30 14:30:39 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
b. The law does not specify any limits b:

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004; Law on the Election of the President, 2004.
Last updated: 2005-03-30 14:31:18 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
b. None b:

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Last updated: 2005-03-30 14:31:50 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections
b. Yes, in legislative elections

Last updated: 2005-03-30 14:32:08 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
a. ......... None

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Last updated: 2005-03-30 14:32:26 UTC

ME61 Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
a. Person or agency that commissioned the opinion poll
b. Geographical coverage
c. Characteristics of the sample
d. Size of the sample
f. Other

Comments: Time of the performance of the opinion poll.
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 65.
Last updated: 2005-03-30 14:34:06 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
b. 2-3 days

Comments: 48 hours.
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 66.
Last updated: 2005-03-30 14:34:35 UTC

ME63 Where, if at all, may exit polls be carried out?
b. Outside the polling station

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 67.
Last updated: 2005-03-30 14:35:08 UTC

ME64 If exit polls are permitted, when can the results be disseminated via the media?
b. After all polls close

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 67.
Last updated: 2005-03-30 14:35:49 UTC

ME65 When are the media, by law, allowed to report preliminary election results?
b. After all polls close, before official results are available

Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Last updated: 2005-03-30 14:36:12 UTC

ME66 Are the media allowed to project/predict winners before the final results are available?
a. Yes

Last updated: 2005-03-30 14:36:24 UTC

ME67 What resources does the EMB have for its work with the media?
b. A press officer

Source: http://www.bec2004.ro/
Last updated: 2005-03-30 14:37:23 UTC

ME68 Have staff responsible for media relations received training for this work?
b. No

Last updated: 2005-03-30 14:37:34 UTC

ME69 Which of the following has the EMB produced or organised?
a. Media packs/press kits
b. Press releases
c. Press conferences/briefings
e. Web site

Source: http://www.bec2004.ro
Last updated: 2005-03-30 14:37:57 UTC

ME70 Has the EMB provided or facilitated training for journalists in how the electoral process works?
b. No

Last updated: 2005-03-30 14:38:07 UTC

ME71 Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
e. None

Last updated: 2005-03-30 14:38:19 UTC

ME72 Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
e. None

Last updated: 2005-03-30 14:38:31 UTC

ME73 Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
e. None

Last updated: 2005-03-30 14:38:41 UTC

ME74 Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
e. None

Last updated: 2005-03-30 14:38:52 UTC

ME75 Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
e. None

Last updated: 2005-03-30 14:39:02 UTC

ME76 Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
e. None

Last updated: 2005-03-30 14:39:11 UTC

ME77 What steps does the EMB take to make sure that it is communicating its message to the media?
e. None of the above

Last updated: 2005-03-30 14:39:23 UTC

ME78 Which of the following do you judge to be significant barriers to the EMB in communicating its message to the media?
a. Insufficient staff with responsibility for media relations
b. Insufficient training of staff with responsibility for media relations

Last updated: 2005-03-30 14:39:37 UTC

ME79 Overall, how effective do you judge the EMB’s ability to communicate through the media during election campaigns to be?
c. Not very effective

Last updated: 2005-03-30 14:39:48 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
a. Signature requirement (specify requirement)
c. Regional distribution requirement
f. Other

Comments: The party shall be registered at the Tribunal. 10.000 supporting signatures are required from 15 counties, with at least 300 from each county. f.) A bank account is needed.
Source: Law on Election of the Parliament. Law on Political Parties, article 17 (paragraph 1).
Last updated: 2004-11-22 10:32:10 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
a. Signature requirement (specify requirement)
c. Regional distribution requirement
f. Other

Comments: The party shall be registered at the Tribunal. 10.000 supporting signatures are required from 15 counties, with at least 300 from each county. f.) A bank account is needed.
Source: Law on Election of the Parliament. Law on Political Parties, article 17 (paragraph 1).
Last updated: 2004-11-22 10:34:13 UTC

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
d. Residence
f. Registration

Comments: a.) 23 years
Source: Constitution, articles 16 and 35.
Last updated: 2004-11-25 09:45:02 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence
f. Registration

Comments: a.) 35 years.
Source: Constitution, articles 16 and 35.
Last updated: 2004-11-25 09:48:01 UTC

PC05 What are the legal qualifications for becoming a candidate at presidential elections?
a. Age
b. Citizenship
d. Residence
f. Registration

Comments: a.) 35 years.
Source: Constitution, articles: 16 (paragraph 3), 35 and 37 (paragraph 3).
Last updated: 2004-11-25 09:48:46 UTC

PC06 What can disqualify a candidate at legislative elections?
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
o. Other

Comments: o) Disfranchised by a final decision of the court of law. This can be due to criminal incarceration. f) g) and n) Judges of the Constitutional Court, the Advocates of the People, magistrates, active members of the Armed Forces, policemen and other categories of civil servants, established by an organic law, may not be elected to office.
Source: Constitution, articles: 16, 34, 35, and 37 (paragraph 3).
Last updated: Wed, 21 Aug 2002 18:31:10 GMT

PC07 What can disqualify a candidate at presidential elections?
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
p. Other

Comments: p) Disfranchised by a final decision of the court of law. This can be due to criminal incarceration. Nobody can be the President of Romania for more than two terms. f, g and n) Judges of the Constitutional Court, the Advocates of the People, magistrates, active members of the Armed Forces, policemen and other categories of civil servants, established by an organic law, may not be elected to office.
Source: Constitution, articles: 16, 34, 35, and 37 (paragraph 3).
Last updated: Wed, 21 Aug 2002 18:31:52 GMT

PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections

Source: Law on Election of the Parliament, articles: 3 (paragraph 1) and 5 (paragraph 5). Law on Election of the President, article 3.
Last updated: 2004-11-25 09:50:30 UTC

PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
a. Signature requirement (specify)

Comments: They must acquire signatures from 0,5% of the voters of the constituency in question.
Source: Law on Election of the Parliament, article 5 (paragraph 5).
Last updated: 2004-11-25 09:50:01 UTC

PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
a. Signature requirement (specify)

Comments: They must acquire signatures from 0,5% of the voters of the constituency in question.
Source: Law on Election of the Parliament, article 5 (paragraph 5).
Last updated: 2004-11-25 09:51:38 UTC

PC11 If independent candidates can compete in presidential elections, what are the registration requirements?
a. Signature requirement (specify)

Comments: a.) 300.000
Source: Emergency Decree 129/2000, article 2 (paragraph 1). Amending Law on Election of the President, article 3 (paragraph 2).
Last updated: 2004-11-25 09:51:57 UTC

PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect

Source: Law on Election of the Parliament, articles 45 and 46. Law on Political Parties, article 39.
Last updated: 2004-11-25 09:52:09 UTC

PC13 If political parties receive direct/indirect public funding, when do they receive this?
c. As related to the election period and between elections

Source: Law on Election of the Parliament, articles 45 and 46. Law on Political Parties, article 39.
Last updated: 2004-11-25 09:52:21 UTC

PC14 If political parties receive indirect public funding, identify the type of funding:
a. Free media access

Source: Law on Election of the Parliament, article 46.
Last updated: 2004-11-25 09:52:32 UTC

PC15 What is the basis of the public funding?
b. Based on result of previous election

Source: Law on Political Parties, article 39.
Last updated: Wed, 21 Aug 2002 18:38:26 GMT

PC16 If political parties receive public funding, what is the specified purpose?
a. General party administration
b. Election campaign activities

Source: Law on Election of the Parliament, article 45. Law on Political Parties, article 39.
Last updated: 2004-11-25 09:52:51 UTC

PC17 Are political parties entitled to private funding?
a. Yes

Source: Law on Political Parties, article 33 (paragraph 1).
Last updated: Wed, 21 Aug 2002 18:39:28 GMT

PC18 If political parties are entitled to private funding, for what period?
c. As related to the election period and between elections

Source: Law on Political Parties, articles 33, 34 and 35.
Last updated: Wed, 21 Aug 2002 18:40:02 GMT

PC19 Which of the following party financing provisions are applicable?
a. Public disclosure of party contributions received
c. Prohibition on party funding from foreign sources
d. Ceilings on how much money a party can raise
h. Publication or public access to contribution and / or expenditure reports
i. Other

Comments: i) Funding from public institutions, self-managed public companies, trading companies and banking companies holding the majority of State capital, are prohibited.
Source: Law on Election of the Parliament, article 45. Law on Political Parties, articles: 34 (paragraph 3), 35 and 36(paragraphs 1-2).
Last updated: 2004-11-25 09:53:15 UTC

PC20 Which of the following candidate financing provisions are applicable?
j. Not applicable

Comments: The financing provisions refer only to parties and political formations.
Source: Law on Election to the Parliament. Law on Political Parties.
Last updated: 2004-11-25 09:53:33 UTC

PC21 Who is responsible for administering and enforcing party income/funding regulations at national level?
c. Government department

Comments: Government's General Secretariat.
Source: Law on Political Parties, article 39.
Last updated: Wed, 21 Aug 2002 18:42:38 GMT

Vote Counting

VC01 What are the characteristics of ballots used at national legislative elections (Chamber 1)?
a. Single ballot (all registered parties listed)
d. Categorical (only one mark allowed)
g. Different ballots used in different constituencies
h. Party symbols in color

Source: Law on Election of the Parliament, articles 37-43, 54 and Annex 3.
Last updated: 2004-11-25 09:54:50 UTC

VC02 What are the characteristics of ballots used at national legislative elections (Chamber 2)?
a. Single ballot (all registered parties listed)
d. Categorical (only one mark allowed)
g. Different ballots used in different constituencies
h. Party symbols in color

Source: Law on Election of the Parliament, articles 37-43, 54 and Annex 3.
Last updated: 2004-11-25 09:55:02 UTC

VC03 What are the characteristics of ballots used at presidential elections?
a. Single ballot (all registered parties/candidates listed)
d. Categorical (only possible to make one mark)
g. Different ballot used in different constituencies
h. Party symbols in color

Source: Law on Election of the President. Law on Election of the Parliament, articles 37-43, 54 and Annex 3.
Last updated: 2004-11-25 09:55:15 UTC

VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations

Source: Law on Election of the Parliament, article 61.
Last updated: 2004-11-25 09:55:26 UTC

VC05 What procedures are used in the initial count?
f. Each ballot paper held up for public scrutiny, with name of party/candidate called out loud
j. Sorted into piles according to individual party/candidate
l. Counted by hand
m. Sorted by party list

Source: Law on Election of the Parliament, articles 61 and 62.
Last updated: 2004-11-25 09:55:36 UTC

VC06 Following the sorting and counting, to where are the results first transmitted for consolidation?
d. Regional level (specify whether it is constituency/ province/ state/ department/other)

Comments: d) Constituency Electoral Commission
Source: Law on Election of the Parliament, article 64.
Last updated: 2004-11-25 09:55:47 UTC

VC07 At what levels are seats allocated?
c. Regional level (specify whether it is constituency/ province/ state/ department/other)
d. National level

Comments: The distribution and assignment of the deputy and senator mandates shall be carried out in two stages: at the level of each constituency, and at the level of the whole country.
Source: Law on Election of the Parliament, article 66.
Last updated: 2004-11-25 09:55:59 UTC

VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?
a. Physically transported

Source: Law on Election of the Parliament, articles 64 (paragraph 1) and 65 (paragraph 1).
Last updated: 2004-11-25 09:56:10 UTC

VC10 If the polling results are physically transported, what security measures are used?
c. Signatures on sealed envelopes
e. Accompanied by election officials
g. Accompanied by military personnel

Source: Law on Election of the Parliament, articles: 62 (paragraph 2), 64 (paragraph 1), 65 (paragraph 1) and 67.
Last updated: 2004-11-25 09:56:27 UTC

VC11 Under what conditions are ballots recounted?
a. Never recounted

Source: Law on Election of the Parliament
Last updated: 2004-11-25 09:56:37 UTC

VC12 If automatically recounted, what is the trigger?
e. Not applicable

Comments: Ballots are not recounted.
Source: Law on Election of the Parliament.
Last updated: 2004-11-25 09:56:50 UTC

VC13 If ballots are recounted by request, who can make the request?
g. Not applicable

Comments: Ballots are not recounted.
Source: Law on Election of the Parliament.
Last updated: 2004-11-25 09:57:06 UTC

VC14 If recounted, who conducts the recount?
j. Not applicable

Comments: Ballots are not recounted.
Last updated: Wed, 10 Jul 2002 09:03:43 GMT

VC15 Are preliminary results announced?
a. Yes

Last updated: Fri, 19 Apr 2002 20:52:21 GMT

VC17 Is there a legal requirement for the declaration of the officially certified results?
a. Yes

Source: Law on Election of the Parliament, article 69.
Last updated: 2004-11-25 09:57:34 UTC

VC18 How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
b. days:

Comments: b.) 5 days
Source: Law on Election of the Parliament, articles: 62 (paragraph 2), 64(paragraph (2), 67 (paragraph 3), 68 (paragraphs 2-7), and 69.
Last updated: 2004-11-25 09:58:06 UTC

Voter Education

VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
d. National Government
e. Regional Governments
f. Local Governments
g. NGOs/ Civic Organizations
h. Political parties/ candidates
i. Media

Last updated: Fri, 19 Apr 2002 19:26:37 GMT

VE02 At the national level, how often are voter education programs conducted?
b. Election time only

Last updated: Fri, 19 Apr 2002 19:26:55 GMT

VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
a. No

Last updated: Fri, 19 Apr 2002 19:27:23 GMT

VE04 What types of voter education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
e. Public meetings
f. Mail-outs
g. Internet

Last updated: Fri, 19 Apr 2002 19:27:51 GMT

VE05 What types of civic education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
e. Public meetings
f. Mail-outs
h. Handouts (printed material)

Last updated: Fri, 19 Apr 2002 19:28:20 GMT

Voting Operations

VO02 Is there a code of conduct for election officials?
b. No

Last updated: Fri, 19 Apr 2002 20:28:23 GMT

VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
c. At any polling station in the same country
d. At specially designated polling stations
e. At mobile polling stations

Comments: The voters may vote at the polling station where they have their place of permanent residence or at a specially designated polling station. Voters who, on polling day, shall be in a locality other than that in which they are registered, can exercise their right to vote on the basis of their voters card at any polling station. There they will be registered on a special voter list by the electoral commission at the polling station.
Source: Law on Election of the Parliament, articles 19, 20, 53 and 59.
Last updated: 2004-11-22 10:26:47 UTC

VO04 Who can vote from outside the country?
b. Citizens residing outside the country

Source: Law on Election of the Parliament, article 20.
Last updated: 2004-11-22 10:26:58 UTC

VO05 If voting outside the country is permitted, at what places?
a. Embassies
b. Consulates

Source: Law on Election of the Parliament, article 20.
Last updated: 2004-11-22 10:27:10 UTC

VO06 Can people vote in advance of the designated national election day(s)?
a. No

Source: Law on Election of Parliament, article 52.
Last updated: 2004-11-22 10:27:21 UTC

VO07 If electors can vote in advance of the designated national election day(s), how may they do so?
f. Not applicable

Comments: Electors cannot vote in advance of the designated national election day(s).
Source: Law on Election of Parliament, article 52.
Last updated: 2004-11-22 10:27:35 UTC

VO08 If electors can vote in advance of the designated national election day(s), specify who:
g. Not applicable

Comments: Electors cannot vote in advance of the designated national election day(s).
Source: Law on Election of Parliament, article 52.
Last updated: 2004-11-22 10:27:50 UTC

VO09 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes

Source: Law on Election of the Parliament, article 18 (paragraph 1).
Last updated: 2004-11-22 10:28:27 UTC

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 2.000

Source: Law on Election of the Parliament, article 18 (paragraph 1).
Last updated: 2004-11-22 10:28:39 UTC

VO11 How do electors cast their votes?
a. By manually marking the ballot

Comments: a.) Using a stapm bearing the word voted "Voted".
Source: Law on Election of the Parliament, article 54 (paragraph 4).
Last updated: 2004-11-22 10:29:34 UTC

VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 9
b. The largest polling station: 9

Source: Law on Election of the Parliament, article 28 (paragraph 1).
Last updated: 2004-11-22 10:29:57 UTC

Voter Registration

VR01 What is the legal voting age in the national elections?
c. 18

Source: Constitution, article 34 (paragraph 1).
Last updated: Wed, 21 Aug 2002 18:13:04 GMT

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship

Source: Constitution, article 34.
Last updated: Wed, 21 Aug 2002 18:13:26 GMT

VR03 What restrictions on registering to vote and voting exist in the country?
d. Mental disability
h. Other

Comments: h.) Disfranchised by a final decision of the court of law. This can be due to criminal incarceration.
Source: Constitution, article 34.
Last updated: 2004-11-22 10:23:23 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?
c. Local Government Authority

Source: Law on Election of the Parliament, article 8 (paragraph 2).
Last updated: 2004-11-22 10:23:37 UTC

VR05 What is the registration method for national elections?
b. Voters register

Source: Law on Election of the Parliament, article 7.
Last updated: 2004-11-22 10:23:54 UTC

VR06 How frequently is the voters register updated?
b. Annually

Source: Law on Election of the Parliament, article 9 (paragraph 1).
Last updated: 2004-11-22 10:24:05 UTC

VR07 What methods are used to compile and update the voters register?
a. Links to national population records
b. Links to police records of residence

Comments: The local authority creates the register from the record of residents in the administrative unit. This is also the main source of updating.
Source: Law on Election of Parliament, articles 8 and 9.
Last updated: 2004-11-22 10:24:20 UTC

VR08 Is it compulsory to be on the voters register?
a. Yes

Source: Law on Election of the Parliament, article 10 (paragraph 2).
Last updated: 2004-11-22 10:24:31 UTC

May 20, 2008 08:19 AM