“The People's Advocate draws attention, among others, that the way of organizing the elections for the Romanian Parliament cannot be regulated by the emergency ordinance, being against the whole constitutional architecture (the will of the Constituency) as the way of choosing the” supreme representative of the Romanian people “body. to be given to the Government by delegation.
It is important to say that, in the electoral field, the competence of the Government is that of organizing the elections and of normative regulation of the measures that are required in this regard, and not of the effective establishment of the national electoral system that represents a sovereign right of the Parliament, “he considers institution.
In addition, according to the AP, this GEO is unconstitutional, because its provisions operate modifications regarding the electoral rights, for which the Constitution expressly prohibits the making of legislative changes on the way of the emergency ordinance.
It is necessary, therefore, that the modifications of the regulations of the electoral system should be made by organic law adopted in the parliamentary debates.
Also, the modification of the legislation on parliamentary elections by emergency ordinance takes place about 10 months before the mandate of the new Parliament and less than 9-10 months until the next parliamentary elections are organized on time. The term is much reduced, only 3-4 months, in the event of organizing early parliamentary elections.
“As a consequence, the People's Advocate observes that the Government does not comply with the Code of good practice in electoral matters, adopted by the Venice Commission, which recommends, among other things, the modification of the voting systems at least one year before the elections.
On the other hand, from the text of GEO no. 26/2020 the possibility of organizing the anticipated parliamentary elections on the same date as the general local elections exceptionally in 2020 appears.
In this context, the People's Advocate mentions that the laws must regulate for the future all possible situations that may arise, without being limited to just one of them. However, the provision in the above mentioned normative act refers only to the situation of the year 2020, not regulating the possibility of its application and for other possible future situations, after 2020.
Accepting such a text would mean that at any time the legislator – including the Government, abusing the attribute of legislative delegation – could create exceptions depending on the political interest at the moment of organizing several elections on the same date, “argues the People's Advocate.
The People's Advocate also notes that through the emergency ordinance the voting system was kept on county lists of candidates, but the possibility of expressing the vote anywhere in the country was granted. However, this was only possible at the same time with the modification of the electoral system with voting on national lists of electoral competitors, which was not achieved.
Finally, the People's Advocate draws attention to the fact that in the text of the ordinance there are provisions that affect the right to vote and the right to be elected, because the possibility of citizens to exercise their right to vote in any polling station, regardless of the constituency, leads to distortion of the election results by altering the political will, expressed by vote, of the citizens of the constituencies, whose number is the basis of the calculation of the representation norm, respectively whose votes should ensure the representativeness of the Parliament.
“Thus, there is a theoretical possibility that a number of votes cast in a constituency will be greater than the number of resident citizens, reaching the situation where the representation norm will become ineffective, which will cause the right to be elected to be violated. of the candidates for the parliamentary elections “, argues the People's Advocate.
Emergency Ordinance regarding early elections, which establishes the right of voters to vote anywhere, not only in the constituency in which they live, doubles the number of diaspora parliamentarians and institutes three days of voting abroad, was rejected by the Senate, currently being in the debate of the Chamber of Deputies, the decision-making forum in this case.
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