Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: Art. 10. – For the organisation of elections, they shall set up constituencies at the level of the 41 counties, one constituency in the municipality of Bucharest, and one separate constituency for the Romanians with the domicile or residence outside the country. The total number of constituencies shall be of 43.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 10 & Annex 1.
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population
Comments: Art. 11. – (1) Within each of the 43 constituencies they shall set up
uninominal colleges based on the norm of representation, as follows:
a) the number of uninominal colleges for the Chamber of Deputies, for the
Senate respectively, shall be set by relating the number of inhabitants of each
constituency to the norms of representation stipulated in article 5 (2) and (3),
to which they add a college of Deputy, respectively of Senator for what
exceeds the half of the norm of representation, without the number of the
colleges of Deputy in a constituency being less than 4, and that of Senator being
less than 2; Regulations on the Elections to the Chamber of Deputies and the Senate
b) the number of inhabitants taken into account at the calculation of the
number of uninominal colleges which is delimitated within each county shall
be stipulated in article 5 (4).
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 11 & Annex 1.
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 81: (1) The President of Romania shall be elected by universal, equal, direct, secret an free suffrage.
(2) The candidate who, in the first ballot, obtained a majority of
votes of the electors entered on the electoral lists shall be declared elected.
(3) In case no candidate has obtained such a majority, a second ballot shall be held between the first two candidates highest in the order of the number of votes cast for them in the first ballot. The candidate having the greatest number of votes shall be declared elected.
Source: Constitution: Constitution of Romania, amended in 2003, art. 81
https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: Article 85: (1) The President of Romania shall designate a candidate to the office of Prime Minister and appoint the Government on the basis of the vote of confidence of Parliament.
Source: Constitution: Constitution of Romania, amended in 2003, art. 85.https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution: Constitution of Romania, amended in 2003, art. 80-101.https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Article 61: (2) Parliament consists of the Chamber of Deputies and the Senate.
Source: Constitution: Constitution of Romania, amended in 2003, art. 61(2).https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
h . Mixed Member Proportional
Comments: Article 5: (1) Deputies and Senators shall be elected by uninominal vote, according to the principle of proportional representation, in uninominal colleges set up under the provisions of article 11.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 5(1). https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: Main provisions might be found in the Constitution, separate laws which govern different kinds of elections. For the organisation of the electoral process, the Permanent Electoral Authority issues decisions, resolutions and instructions.
Source: Constitution: Constitution of Romania, amended in 2003;
https://www.constituteproject.org/constitution/Romania_2003?lang=en
Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate;
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Electoral Law: Law 370/2004 on the Election of the President of Romania;
https://www.legislationline.org/download/id/7751/file/Romania_regulations_election_President_as_of_2009_en.pdf
Electoral Law: Law 67/2004 for the election of local public administration authorities;
https://www.legislationline.org/download/id/949/file/f8d6a4d6e9ad96de802fd5ccecb4.pdf
Electoral Law: Law No. 33 from January 16th 2007 regarding the organisation and the development of the elections for the European Parliament.
Verified: 2020/08/22
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments: Separate electoral laws govern different kinds of elections including the European Parliament elections.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate;
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Electoral Law: Law 370/2004 on the Election of the President of Romania;
https://www.legislationline.org/download/id/7751/file/Romania_regulations_election_President_as_of_2009_en.pdf
Electoral Law: Law 67/2004 for the election of local public administration authorities;
https://www.legislationline.org/download/id/949/file/f8d6a4d6e9ad96de802fd5ccecb4.pdf
Electoral Law: Law No. 33 from January 16th 2007 regarding the organisation and the development of the elections for the European Parliament.
Verified: 2020/08/22
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Voting is a right, not a duty.
Source: Constitution: Constitution of Romania, amended in 2003, art. 36.https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB d . Other
Comments: Any interested party – citizens, candidates, electoral competitors – may make a contestation to the competent electoral bureaux or to the competent courts.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 2(17), 9-1(6), 15(1)(c), 17(1)(e), 17(3)(b), 21(2), 24(4), 26(8), 32(3-6), 34(3), 35(6), 40(1), (3-4), 43(3), 45(19-21) & 70(1).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments: The Central Election Bureau has responsibility at parliamentary, presidential elections, elections of local public administration authorities and elections for the European Parliament.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 13.
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Electoral Law: Law 370/2004 on the Election of the President of Romania, art. 5.
https://www.legislationline.org/download/id/7751/file/Romania_regulations_election_President_as_of_2009_en.pdf
Electoral Law: Law 67/2004 for the election of local public administration authorities, art. 23(1).
https://www.legislationline.org/download/id/949/file/f8d6a4d6e9ad96de802fd5ccecb4.pdf
Electoral Law: Law 2015/2035 11 November 2015 Reform regarding the organisation and the development of the elections for the European Parliament, art. 14 - 14-1.
https://www.europarl.europa.eu/doceo/document/TA-8-2015-0395_EN.html
Verified: 2020/08/22
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: The expenses for carrying out the electoral operations shall be incurred from the state budget which is approved by the legislature.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 67(1).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Constitution: Constitution of Romania, amended in 2003, art. 65(2)(b).
https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The expenses for carrying out the electoral operations shall be incurred from the state budget which is controlled by the Court of Audit.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 67(1).
Constitution: Constitution of Romania, amended in 2003, art.140.https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
d . Other
Comments: The mandate of the president and the mandates of the vice presidents
of the Permanent Electoral Authority shall be of 8 years each and may be
renewed only once.
The term of the members of the Central Electoral Bureau is for electoral period only.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 13(1) & 63(7).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: Article 63: (1) The Permanent Electoral Authority is an autonomous
administrative institution, being a legal entity with general competence.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 63(1).
Verified: 2014/10/29
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
d . Other
Comments: The Permanent Electoral Authority is composed of 3 members:
Article 63: (3) The Permanent Electoral Authority is led by a president with a rank of minister, seconded by two vice presidents with a rank of state secretary.
The Central Election Bureau is composed of maximum 21 members:
Art. 14. – (1) At national level, they shall set up a Central Electoral Bureau, formed of 5 judges of the High Court of Cassation and Justice, the president and the vice presidents of the Permanent Electoral Authority, and of no more than 12 representatives of the political parties, political alliances, electoral alliances participating in the elections, under the law, as well as of a representative appointed by the parliamentary group of the national minorities in the Chamber of Deputies.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 14(1) & 63(3).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: Members of the Permanent Electoral Authority are selected on the basis of their expertise.
Members of the Central Election Bureau are selected on the basis of their expertise and partisanship.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 14 & 63(3-6).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State b . Head of Government e . Legislature f . Judiciary g . Political parties
Comments: The members of the Permanent Electoral Authority are selected by the legislature, the president and the prime minister.
Article 63: (4) The president is appointed by decision adopted in a joint session of the Chamber of Deputies and the Senate, at the proposal of parliamentary groups, from among the personalities educated and trained in the legal or administrative field. The candidate who meets the Deputies and Senators’ majority of votes
shall be appointed president.
The members of the Central Election Bureau are selected by the High Court of Cassation and Justice and the political parties.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 14 & 63(4-6)
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: Article 65: (1) The Permanent Electoral Authority shall discharge the following main duties in the time lapse between two electoral periods: l) elaborating materials and programmes of information and training of the electors on the Romanian electoral system, and on the observance of the electoral deontology, and ensuring their popularisation;
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 65(1)(l).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments: The Permanent Electoral Authority elaborates materials and programmes of information and training of the electors on the Romanian electoral system in the time lapse between two electoral periods.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 65(1)(l).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2020/08/22
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Article 36: (1) Every citizen having turned eighteen up to or on the election day shall have the right to vote.
Source: Constitution: Constitution of Romania, amended in 2003, art. 36(1).
https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: Article 36: (1) Every citizen having turned eighteen up to or on the election day shall have the right to vote.
Source: Constitution: Constitution of Romania, amended in 2003, art. 36(1).https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/22
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: Article 22: (3) The Permanent Electoral Authority shall draw up, keep, and permanently update the Electoral registry until 31 March of each year. At the level of each county and district of the municipality of Bucharest, the Electoral register including the electors with the domicile or residence under the jurisdiction of the administrative-territorial unit shall be kept and updated by the territorial bureau of the Permanent Electoral Authority.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 22(3).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Article 22: (1) The electoral register shall represent a centralised database comprising all Romanian citizens, including those with the domicile or residence abroad, who have reached the age of 18, with a right to vote.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 22.
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/22
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount) f . Other
Comments: Article 29: (5) On filing the candidatures, each political party, political alliance, electoral alliance, organization of citizens belonging to national minorities, independent candidate shall produce a deposit receipt for the deposit created and paid into the account of the Permanent Electoral Authority amounting to 5 minimum gross salaries in Romania for each candidate.
(9) The nominations of candidates shall be signed by the leaders of each party in the alliance in the case of political alliances and electoral alliances.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 29
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence
Comments: 23 years old citizen whose domicile is in Romania.
Art. 16 (4) After Romania's accession to the European Union, the Union's citizens who comply with the requirements of the organic law have the right to elect and be elected to the local public administration bodies.
Art. 37 (2) Candidates must have turned, up to or on the election day, at least twenty-three in order to be elected to the Chamber of Deputies or the bodies of local public administration, at least thirty-three in order to be elected to the Senate, and at least thirty-five in order to be elected to the office of President of Romania.
Source: Constitution: Constitution of Romania, amended in 2003, art. 16 and 37.
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=2#t2c1s0a16 (2014)
Verified: 2020/08/24
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 2(15).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Electoral Law: Law 370/2004 on the Election of the President of Romania, art. 3.https://www.legislationline.org/download/id/7751/file/Romania_regulations_election_President_as_of_2009_en.pdf
Verified: 2020/08/24
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: One of the sources of financing of political party activity is subsidies from the state budget.
Electoral Law: Article 38: (1) The political parties, political alliances, electoral alliances, organisations of citizens belonging to national minorities participating in the elections under the terms of the present title, and the independent candidates shall have free of charge access to the radio and television public services proportionally to the number of candidatures forwarded and remained final.
Source: Electoral Law: Law on the financing of electoral campaigns
and the activity of political parties, Chapter 3.(14.1)
https://www.legislationline.org/download/id/4832/file/Romania_PartyFinance_2006.pdf
Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 38(1).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: The subvention from the state budget shall be granted based on the number of votes obtained at the parliamentary elections;
Source: Electoral Law: Law on the financing of electoral campaigns
and the activity of political parties, art. 14(3)(a).
https://www.legislationline.org/download/id/4832/file/Romania_PartyFinance_2006.pdf
Verified: 2020/08/24
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: The financing sources supporting the activity of a political party are:
a) membership fees;
b) donations, legacies and other liberalities;
c) income from the party’s own activity according to art. 12;
d) subsidies from the state budget.
Source: Electoral Law: Law on the financing of electoral campaigns
and the activity of political parties, art. 3(1).
https://www.legislationline.org/download/id/4832/file/Romania_PartyFinance_2006.pdf
Verified: 2020/08/24
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Art. 44. – All the operations relating to the counting of votes shall be carried
out in the presence of the members of the electoral bureaux of the polling stations
and may be watched by the persons accredited under the terms of the present
title.
Art. 45. – (1) After the close of poll, the president, in the presence of the
members of the electoral bureau of the polling station, shall annul the ballot
papers remained unused.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 44-45.
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments:
Source:
Verified: 2014/10/29
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
b . Based on number of candidates put forward in present elections
Comments: Article 38: (1) The political parties, political alliances, electoral alliances, organisations of citizens belonging to national minorities participating in the elections under the terms of the present title, and the independent candidates shall have free of charge access to the radio and television public services proportionally to the number of candidatures forwarded and remained final.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 38(1)
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections
Comments: Parliamentary Elections, 9 December 2012 OSCE/ODIHR Election Expert Team Final Report, stated that candidates often avoided participating in televised
debates or discussions of campaign issues with opponents. Media representatives also confirmed the reluctance of candidates to
participate in televised debates.
Source: OSCE/ODIHR Limited Election Observation Mission Final Report on the Presidential elections (22 November and 6 December 2009) in Romania (Warsaw, 2010): http://www.osce.org/documents/odihr/2010/02/42767_en.pdf
Parliamentary Elections, 9 December 2012, OSCE/ODIHR Election Expert Team Final Report: http://www.osce.org/odihr/98757?download=true
Verified: 2014/10/29
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
b . 2-3 days
Comments: Article 38-1: (3) With 48 hours before the election day the presentation of public opinion polls, television votes or inquiries made on the street shall be forbidden.
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 38-1(3).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
a . Yes
Comments: Art.30 – (1) The maximum limit of the expenses to be incurred by a political party or by a political or
electoral alliance during each electoral campaign shall be calculated by adding up the maximum values
permitted by law for each candidate proposed for election.
(2) The maximum values permitted for each candidate shall be established according to the minimum gross
base salary at the country level on 1 January of the electoral year in case, as follows:
a) 350 minimum gross base salaries at the country level for each candidate for the position of deputy or
senator;
b) 2,500 minimum gross base salaries at the country level for each candidate for the position of Romania’s
representative in the European Parliament;
c) 50 minimum gross base salaries at the country level for each candidate for the position of county
counselor or local counselor in the General Council of Bucharest Municipality;
c) 30 minimum gross base salaries at the country level for each candidate for the position of local counselor
in the councils of the county capitals and in the district councils of Bucharest Municipality;
e) 25 minimum gross base salaries at the country level for each candidate for the position of local counselor
in the municipality and city councils;
f) 20 minimum gross base salaries at the country level for each candidate for the position of local counselor
in the commune councils;
g) 10,000 minimum gross base salaries at the country level for each candidate for the position of general
mayor of Bucharest Municipality;
h) 2,500 minimum gross base salaries at the country level for each candidate for the position of district
mayor for Bucharest municipality or that of municipality or city mayor;
i) 30 minimum gross base salaries at the country level for each candidate for the position of commune
mayor;
(3) The maximum limits of expenses stipulated under paragraph 2 shall also apply for independent
candidates.
Source: Law on the financing of electoral campaigns and the activity of political parties, art. 30.
https://www.legislationline.org/download/id/4832/file/Romania_PartyFinance_2006.pdf
Verified: 2020/08/24
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Article 2: (1) The national sovereignty shall reside within the Romanian people, that shall exercise it by means of its representative bodies, resulting from free, periodical and fair elections, as well as by referendum.
Article 90: The President of Romania may, after consultation with Parliament, ask the people to express, by referendum, its will on matters of national interest.
Source: Constitution: Constitution of Romania, amended in 2003, art. 2, 74, 90, 150-152.http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=7#t7c0s0a151 (2014)
Verified: 2020/08/24
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Article 95: (3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.
Article 151: (3) The revision of the Constitution shall be final after the approval by a referendum held within 30 days of the date of passing the draft or proposal of
revision.
Source: Constitution: Constitution of Romania, amended in 2003, art. 95, 150-152.
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c2s0a90 (2014)
Verified: 2020/08/24
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Article 90: The President of Romania may, after consultation with Parliament,
ask the people to express, by referendum, its will on matters of national
interest.
Source: Constitution: Constitution of Romania, amended in 2003, art. 90.
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c2s0a90 (2014)
Verified: 2020/08/24
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Article 150: (1) Revision of the Constitution may be initiated by the President of Romania on the proposal of the Government, by at least one quarter of the number of Deputies or Senators, as well as by at least 500,000 citizens with the right to vote.
(2) The citizens who initiate the revision of the Constitution must belong to at least half the number of the counties in the country, and in each of the respective counties or in the Municipality of Bucharest, at least 20,000 signatures must be recorded in support of this initiative.
Source: Constitution: Constitution of Romania, amended in 2003, art. 150-152.http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=7#t7c0s0a151 (2014)
Verified: 2020/08/24
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments: Article: 74 (1) A legislative initiative shall lie, as the case may be, with the Government, Deputies, Senators, or a number of at least 100,000 citizens entitled to vote. The citizens who exercise their right to a legislative initiative must belong to at least one quarter of the country’s counties, while, in each of those counties or the Municipality of Bucharest, at least 5,000 signatures should be registered in support of such initiative.
Source: Constitution: Constitution of Romania, amended in 2003, art. 74(1).
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c1s3a74 (2014)
Verified: 2020/08/24
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: Article 95: (1) In case of having committed grave acts infringing upon constitutional provisions, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint sitting, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court.
(3) If the proposal of suspension from office has been approved, a referendum shall be held within 30 days, in order to remove the President from office.
Source: Constitution: Constitution of Romania, amended in 2003, art. 95.
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c1s3a74 (2014)
Verified: 2020/08/24
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2014/10/29
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Constitution: Constitution of Romania, amended in 2003, art. 90, 150-152.
https://www.constituteproject.org/constitution/Romania_2003?lang=en
Verified: 2020/08/24
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2014/10/29
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
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 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: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 8(1 & 4), 42(22-1).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
Comments:
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 8(2&3).
Verified: 2014/10/29
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates c . Special polling stations
Comments: Art 18(8) Besides the diplomatic missions and consular offices of Romania,
the Ministry of Foreign Affairs shall organise one or more polling stations
for the electors with the domicile or residence outside the country. Besides
these polling stations, they may also organise, with the consent of the
government in the respective country, polling stations in other localities than
those in which the diplomatic missions or consular offices have their
premises. The electors having the domicile or residence in a state other than
Romania shall exercise their right to vote at one of the polling stations in
the country where they have the domicile or residence, set up under the
terms of the present title. The residence abroad is proved by any document
issued by the foreign authorities.*
(10) Romanian citizens with the domicile or residence in a state in which
there are no diplomatic missions or consular offices of Romania, and
where there is no possibility to organise a polling station, may express their
right to vote in any of the polling stations organised in the states being part
of the same uninominal college.**
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 18(8 & 10).
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: a.) Using a stapm bearing the word voted "Voted".
Source: Electoral Law: Law No. 35 of 13 March 2008 for the election to the Chamber of Deputies and the Senate, art. 42(6)
https://www.legislationline.org/download/id/4224/file/ROM%20Election%20Laws_en.pdf
Verified: 2020/08/24
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