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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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
e . Not applicable
Comments:
Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Verified: 2004/11/22
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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments:
Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Verified: 2004/11/22
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source: Law on Election of the Parliament, article 3 (paragraph 6) and Annex 1.
Verified: 2004/11/22
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
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments:
Source: Constitution, article 59 (paragraph 3).
Law on Election of the Parliament, article 3 (paragraph 1) and article 66.
Verified: 2004/11/19
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments:
Source: Law on Election of the Parliament, article 66.
Verified: 2004/11/22
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level c . Regional/provincial level
Comments:
Source: Law on Election of the Parliament, article 66 (paragraph 3).
Verified: 2004/11/22
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
a . National level
Comments: Seats are also distributed at the regional/provincial level.
Source: Law on Election of the Parliament, article 66.
Verified: 2004/11/22
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
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.
Verified: 2004/11/22
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
Source: Constitution.
Law on Election of the Parliament.
Verified: 2004/11/22
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: 5%
Source: Emergency Decree 129/2000, article 1 (paragraph 5).
Verified: 2002/08/21
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
b . Specify the percentage:
Comments: 5%
Source: Emergency Decree 129/2000, article 1 (paragraph 5).
Verified: 2002/08/21
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
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.
Verified: 2004/11/22
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
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.
Verified: 2004/11/22
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
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)
Verified: 2004/11/25
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
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).
Verified: 2004/11/25
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Law on Election of the Parliament, article 6 (paragraph 2).
Verified: 2004/11/22
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Law on Election of the Parliament, article 6 (paragraph 2).
Verified: 2004/11/22
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments: 2004.
Source: Legea nr. 373/2004 pentru alegerea Camerei Deputatilor si a Senatului.
Verified: 2005/03/30
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
LF005
Question: 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?
Answer:
a . National elections are not held on the same day as regional or local elections
Comments: There are no such provisions.
Source:
Verified: 2002/04/19
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments: There are no such provisions.
Source:
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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments: The agency/ies which settles formal disputes is not specially appointed/elected.
Source:
Verified: 2002/08/21
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties c . Voters
Comments:
Source: Law on Election of the Parliament, articles 12, 16, 25, 27 (paragraph 1), 32 and 48.
Verified: 2004/11/22
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
f . Other
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).
Verified: 2004/11/22
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
c . Government
Comments:
Source:
Verified: 2002/04/19
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
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature
Comments:
Source: Law on Election of the Parliament, article 68 (paragraphs 2-4).
Verified: 2004/11/22
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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
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).
Verified: 2004/11/22
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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement e . Public meetings f . Mail-outs g . Internet
Comments:
Source:
Verified: 2002/04/19
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement e . Public meetings f . Mail-outs h . Handouts (printed material)
Comments:
Source:
Verified: 2002/04/19
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
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.
Verified: 2004/11/22
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
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments:
Source: Law on Election of the Parliament, article 7.
Verified: 2004/11/22
VR006
Question: How frequently is the voters register updated?
Answer:
b . Annually
Comments:
Source: Law on Election of the Parliament, article 9 (paragraph 1).
Verified: 2004/11/22
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
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.
Verified: 2004/11/22
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
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
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).
Verified: 2004/11/22
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
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration
Comments: a.) 35 years.
Source: Constitution, articles 16 and 35.
Verified: 2004/11/25
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration
Comments: a.) 35 years.
Source: Constitution, articles: 16 (paragraph 3), 35 and 37 (paragraph 3).
Verified: 2004/11/25
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
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).
Verified: 2002/08/21
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
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).
Verified: 2002/08/21
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
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).
Verified: 2004/11/25
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
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).
Verified: 2004/11/25
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
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).
Verified: 2004/11/25
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Law on Election of the Parliament, articles 45 and 46.
Law on Political Parties, article 39.
Verified: 2004/11/25
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access
Comments:
Source: Law on Election of the Parliament, article 46.
Verified: 2004/11/25
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments:
Source: Law on Election of the Parliament, article 45.
Law on Political Parties, article 39.
Verified: 2004/11/25
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
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Law on Political Parties, articles 33, 34 and 35.
Verified: 2002/08/21
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
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).
Verified: 2004/11/25
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
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.
Verified: 2004/11/25
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
c . Government department
Comments: Government's General Secretariat.
Source: Law on Political Parties, article 39.
Verified: 2002/08/21
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
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
Comments:
Source: Law on Election of the Parliament, articles 37-43, 54 and Annex 3.
Verified: 2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
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
Comments:
Source: Law on Election of the Parliament, articles 37-43, 54 and Annex 3.
Verified: 2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
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
Comments:
Source: Law on Election of the President.
Law on Election of the Parliament, articles 37-43, 54 and Annex 3.
Verified: 2009/11/04
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
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
Comments:
Source: Law on Election of the Parliament, articles 61 and 62.
Verified: 2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
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.
Verified: 2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
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.
Verified: 2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported
Comments:
Source: Law on Election of the Parliament, articles 64 (paragraph 1) and 65 (paragraph 1).
Verified: 2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
c . Signatures on sealed envelopes e . Accompanied by election officials g . Accompanied by military personnel
Comments:
Source: Law on Election of the Parliament, articles: 62 (paragraph 2), 64 (paragraph 1), 65 (paragraph 1) and 67.
Verified: 2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments:
Source:
Verified: 2014/10/29
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments: Ballots are not recounted.
Source: Law on Election of the Parliament.
Verified: 2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
g . Not applicable
Comments: Ballots are not recounted.
Source: Law on Election of the Parliament.
Verified: 2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
j . Not applicable
Comments: Ballots are not recounted.
Source:
Verified: 2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source:
Verified: 2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source: Law on Election of the Parliament, article 69.
Verified: 2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
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.
Verified: 2009/11/04
Media and Elections
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/03/30
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2005/03/30
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/03/30
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments:
Source:
Verified: 2005/03/30
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/03/30
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/03/30
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
b . Private radio d . Private television
Comments:
Source:
Verified: 2005/03/30
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2005/03/30
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source:
Verified: 2005/03/30
ME016
Question: 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:
Answer(s):
c . Private radio f . Private television g . Print media
Comments:
Source:
Verified: 2005/03/30
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
b . Private radio d . Private television
Comments:
Source:
Verified: 2005/03/30
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
b . Independent regulator
Comments: National Broadcasting Council
Source: Audiovisual Law adopted in 1992
Verified: 2005/03/30
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
b . Private companies
Comments:
Source: Audiovisual Law, 1992.
Verified: 2005/03/30
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/03/30
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law b . Secondary legislation (e.g. regulations) c . Voluntary agreement or self-regulation
Comments:
Source:
Verified: 2005/03/30
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
a . Statutory regulator (e.g. broadcasting licensing body) b . Voluntary regulator (e.g. media council, journalists' ethics committee) c . Government d . Legislature e . Judiciary
Comments:
Source: Audiovisual Law, 1992.
Verified: 2005/03/30
ME026
Question: What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
Answer(s):
b . Requiring balance in media news coverage of an election
Comments:
Source:
Verified: 2005/03/30
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
b . No
Comments:
Source:
Verified: 2005/03/30
ME028
Question: 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?
Answer(s):
a . Enforcement of a right of reply, correction or retraction b . Administrative penalty
Comments:
Source:
Verified: 2005/03/30
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
a . Yes
Comments:
Source: Law on the election of the Chamber of Deputies and the Senate, 2004, article 68.
Verified: 2005/03/30
ME030
Question: What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
Answer(s):
a . Criminal prosecution b . Administrative sanction
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Verified: 2005/03/30
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
b . No
Comments:
Source: http://www.ejc.nl/jr/emland/romania.html#5
Verified: 2005/03/30
ME032
Question: If so, how well do you perceive this code of ethics to be respected?
Answer(s):
d . Not respected at all
Comments:
Source: http://www.ejc.nl/jr/emland/romania.html#5
Verified: 2005/03/30
ME033
Question: Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
Answer:
a . EMB
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Verified: 2005/03/30
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Verified: 2005/03/30
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Verified: 2005/03/30
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/03/30
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
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Verified: 2005/03/30
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Verified: 2005/03/30
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
a . Equal regardless of size and previous performance
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 61-62.
Verified: 2005/03/30
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-62.
Verified: 2005/03/30
ME044
Question: 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?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-62.
Verified: 2005/03/30
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/03/30
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
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.
Verified: 2005/03/30
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-63.
Verified: 2005/03/30
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 57-63.
Verified: 2005/03/30
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
d . Based on mixture of principles (specify)
Comments: Equal opportunity, balanced communication, objectivity etc.
Source: Law on the Election of the President, 2004.
Verified: 2005/03/30
ME051
Question: Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Law on the election of the president, 2004.
Verified: 2005/03/30
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: Law on the election of the president, 2004.
Verified: 2005/03/30
ME053
Question: Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
Answer(s):
c . Privately owned
Comments:
Source:
Verified: 2005/03/30
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
d . Based on mixture of principles (specify)
Comments: Equility, objectivity, balanced etc.
Source: Law on the election of the president, 2004.
Verified: 2005/03/30
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
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
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.
Verified: 2005/03/30
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
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
b . Outside the polling station
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 67.
Verified: 2005/03/30
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
b . After all polls close
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004, article 67.
Verified: 2005/03/30
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
b . After all polls close, before official results are available
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 2004.
Verified: 2005/03/30
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments:
Source:
Verified: 2005/03/30
ME067
Question: What resources does the EMB have for its work with the media?
Answer(s):
b . A press officer
Comments:
Source: http://www.bec2004.ro/
Verified: 2005/03/30
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
b . No
Comments:
Source:
Verified: 2005/03/30
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
a . Media packs/press kits b . Press releases c . Press conferences/briefings e . Web site
Comments:
Source: http://www.bec2004.ro
Verified: 2005/03/30
ME070
Question: Has the EMB provided or facilitated training for journalists in how the electoral process works?
Answer:
b . No
Comments:
Source:
Verified: 2005/03/30
ME071
Question: Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME072
Question: Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME073
Question: Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME074
Question: Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME075
Question: Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME076
Question: Which of the following types of daily and weekly newspapers provide paid broadcast time or print space to the EMB for voter information campaigns?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/30
ME077
Question: What steps does the EMB take to make sure that it is communicating its message to the media?
Answer(s):
e . None of the above
Comments:
Source:
Verified: 2005/03/30
ME078
Question: Which of the following do you judge to be significant barriers to the EMB in communicating its message to the media?
Answer(s):
a . Insufficient staff with responsibility for media relations b . Insufficient training of staff with responsibility for media relations
Comments:
Source:
Verified: 2005/03/30
ME079
Question: Overall, how effective do you judge the EMB's ability to communicate through the media during election campaigns to be?
Answer:
c . Not very effective
Comments:
Source:
Verified: 2005/03/30
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
DD001
Please provide information about the person completing the questionnaire.
Name and Title: Dr. Nagy, Csongor Istvan
Job Title: expert
Organisation: ACEEEO
Contact Address. H-1118 Budapest, Menesi ut (street) 12.
Telephone: 0036703823653 begin_of_the_skype_highlighting 0036703823653 end_of_the_skype_highlighting begin_of_the_skype_highlighting 0036703823653 end_of_the_skype_highlighting
Facsimile:
Email: [email protected] ; [email protected]
Source
No Source
Verified
2010/09/23
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
DD008
Question: 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.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD009
Question: 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.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD010
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source: Constitution, 2003; Law on referendums, 2000;
Verified: 2005/03/20
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD106
Question: 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?
Answer(s):
f . Other (specify)
Comments: No such organisations.
Source:
Verified: 2005/03/20
DD107
Question: 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?
Answer(s):
f . Other (specify)
Comments: No such organisations.
Source:
Verified: 2005/03/20
DD108
Question: 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?
Answer(s):
f . Other (specify)
Comments: No such organisations.
Source:
Verified: 2005/03/20
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
h . None
Comments:
Source:
Verified: 2005/03/20
DD011
Question: 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.
Answer(s):
e . Not applicable
Comments:
Source: Constitution, 2003; Law on referendums, 2000;
Verified: 2005/03/20
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
h . None
Comments:
Source:
Verified: 2005/03/20
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
h . None
Comments:
Source:
Verified: 2005/03/20
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
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.
Verified: 2005/03/20
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
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.
Verified: 2005/03/20
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
d . No campaign organisations
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD012
Question: 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.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
d . No campaign organisations
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
f . None
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
f . None
Comments:
Source: Law on referendums, 2000.
Verified: 2005/03/20
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
a . Yes
Comments:
Source:
Verified: 2005/03/20
DD127
Question: What restrictions, if any, apply in relation to the individuals who can sign for a recall?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments:
Source: Law on referendums, 2000, articles 17-18 and 23.
Verified: 2005/03/20
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source: Law on the Election of the Chamber of Deputies and the Senate, 1991; Law on referendums, 2000.
Verified: 2005/03/20
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source: Law on referendums, 2000, article 2 and 13-14.
Verified: 2005/03/20
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments
Comments:
Source: Constitution, 2003, Section 150-152.
Verified: 2005/03/20
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
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.
Verified: 2005/03/20
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
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.
Verified: 2005/03/20
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
c . Other public policy issues d . Other (specify)
Comments: d: issues of local public interest.
Source: Law on referendums, 2000, article 2 paragraph (2).
Verified: 2005/03/20
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
c . President d . Legislative majority
Comments:
Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
d . Legislature
Comments:
Source: Constitution, 2003, 150-152; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
c . President
Comments:
Source: Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
a . The title of the proposal b . The numbers of the articles or paragraphs of the legal instruments to which changes are proposed
Comments:
Source: Constitution, 2003, 150-152; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
d . The full text of the proposal
Comments:
Source: Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
c . President d . Legislature
Comments:
Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Verified: 2005/03/21
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
c . President
Comments:
Source: Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source: Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments:
Source: Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD042
Question: 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.
Answer(s):
f . Other
Comments: No difference.
Source: Law on referendums, 2000, article 17-18.
Verified: 2005/03/20
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments:
Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments:
Source: Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
k . None
Comments: Not applicable
Source:
Verified: 2005/03/20
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
k . None
Comments: Not applicable.
Source:
Verified: 2005/03/20
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
e . None
Comments:
Source:
Verified: 2005/03/20
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
f . Other (specify)
Comments: Not applicable.
Source:
Verified: 2005/03/20
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
c . Other (specify)
Comments: Not applicable.
Source:
Verified: 2005/03/20
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD063
Question: Who decides the final ballot text?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
d . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
b . President
Comments:
Source: Constitution, 2003, Section 95; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
a . Political or policy grounds f . Other (specify)
Comments: Not specified.
Source: Constitution, 2003, Section 95; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
a . Within a certain time limit (specify)
Comments: 30 days.
Source: Constitution, 2003, Section 95.
Verified: 2005/03/20
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
b . Separately and subsequently
Comments:
Source: Constitution, 2003, Section 95.
Verified: 2005/03/20
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
a . Yes
Comments: No provision to the contrary.
Source: Constitution, 2003, Section 95; Law on referendums, 2000, article 1-12.
Verified: 2005/03/20
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD079
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD081
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD083
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD085
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD087
Question: Where can proposals for an abrogative referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD088
Question: Where can proposals for a rejective referendum (optional) be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD089
Question: Where can proposals for a citizens' initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD090
Question: Where can proposals for an agenda initiative be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD092
Question: What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD093
Question: What information must signatories provide when signing the proposal for a rejective referendum (optional)?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2005/03/20
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
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments:
Source:
Verified: 2002/04/19
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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
Source: Law on Election of Parliament, article 52.
Verified: 2004/11/22
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments: Electors cannot vote in advance of the designated national election day(s).
Source: Law on Election of Parliament, article 52.
Verified: 2004/11/22
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments: Electors cannot vote in advance of the designated national election day(s).
Source: Law on Election of Parliament, article 52.
Verified: 2004/11/22
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments:
Source: Law on Election of the Parliament, article 18 (paragraph 1).
Verified: 2004/11/22
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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