Romania – Law makes it easier to remove the president from office

In Romania, a law has been passed that makes it easier to remove the president from office.

The law relates to Art. 95 of the Constitution, which states:

“(1) In case of having committed grave acts breaching on provisions of the Constitution, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in joint session, by a majority vote of Deputies and Senators, and after consultation with the Constitutional Court. The President may explain before Parliament with regard to imputations brought against him.

(2) The proposal of suspension from office may be initiated by at least one third of the number of Deputies and Senators, and the President shall be immediately notified thereof.

(3) If the proposal of suspension from office has been approved, a referendum shall be held within thirty days, in order to remove the President from office.”

The key point is that the third clause does not give any details of the referendum. Therefore, a law is required to establish the details of the vote. Previously, the referendum law required an absolute majority of registered voters to support the suspension motion in order for the president to be dismissed. However, the referendum law has now been changed such that henceforth it requires the support of merely a majority of those voting, thus making it easier to remove the president.

This change takes place in the context of a period of cohabitation. This has led to accusations that the governing majority is preparing a bill to suspend President Băsescu. In addition, it should be remembered that President Băsescu was suspended according to Art. 95 during a previous period of cohabitation in 2007. There was a referendum and even though there was a strong vote not to dismiss him, the turnout was only 45%. So, even if there had been a ‘yes’ vote, it would not have been valid with that turnout. This result seems to be in the government’s mind.

The opposition is likely to submit the bill to the Constitutional Court.

There is a report here.

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