The explanatory memorandum of the Referendum Act: the binding character of the result, the 120-day time limit for Parliament and harmonisation with art. 74 of the Constitution.

The full text of the draft: The Referendum Act (amending Act 3/2000 and Act 189/1999)

Full translation of the memorandum. The Romanian text remains the authoritative one.

TO,

THE STANDING BUREAU OF THE SENATE

In accordance with the provisions of art. 74 para. (1) and art. 75 of the Constitution of Romania, republished, as well as with art. 92 para. (2) and (4) of the Regulation of the Senate, republished, we submit for debate and adoption the legislative proposal entitled “Act on the organisation and conduct of the referendum”.

Pursuant to art. 111 para. (1) of the Constitution of Romania, republished, we request that the Government be asked to communicate its point of view on this legislative proposal.

We likewise request that the opinions of the Legislative Council and of the Economic and Social Council be sought.

INITIATOR:

EXPLANATORY MEMORANDUM

Constitutional basis: this draft law finds its foundation in Article 2 of the Constitution of Romania, which enshrines the principle of national sovereignty: “National sovereignty belongs to the Romanian people, who exercise it through their representative bodies, constituted by free, periodic and fair elections, as well as by referendum.” The Romanian people, as the sole holder of sovereignty, therefore has the right to exercise its will not only through elected representatives, but also directly, through democratic mechanisms such as the referendum and the citizens’ legislative initiative.

I. Relation to the principle of national sovereignty. 1. Strengthening the role of the referendum. The amendments proposed to Act no. 3/2000 (Art. I, points 1–5) seek to clarify and guarantee the binding character of the referendum on citizens’ legislative initiatives. Thus, once an initiative has been validated by the Constitutional Court, the organisation of the referendum becomes a legal obligation (Art. 6¹(2)), and its result is binding upon Parliament (Art. 45(4)). This ensures respect for the will of the population, in keeping with the role of the referendum as a direct expression of sovereignty. 2. Efficiency of the citizens’ legislative procedures. By introducing Art. 6¹(3)–(5), a clear procedural framework is laid down for the examination of the constitutionality of citizens’ initiatives. The Constitutional Court becomes the central actor in the validation of proposals, preventing the adoption of laws contrary to the Constitution. The publication of initiatives in the Official Gazette (Art. 6¹(4)) and the Government’s obligation to inform the public ensure transparency and equal access of citizens to essential information. 3. Binding character of the referendum result for Parliament. The addition of Art. 45(4) to Act no. 3/2000 introduces a strict time limit of 120 days within which Parliament must adopt laws conforming to the will expressed in the referendum. This mechanism counters the waste of public resources and avoids unjustified delays, strengthening citizens’ confidence in the usefulness of civic participation. II. Harmonisation with the provisions of the Constitution. 1. Strengthening and observance of the provisions of art. 74 para. (1) of the Constitution. The amendments to Act no. 189/1999 (Art. II) synchronise the procedures of the citizens’ legislative initiative with the constitutional requirements. Through the immediate notification of the Central Electoral Bureau (Art. 7(5) as amended), observance is ensured of the principle that “legislative initiative belongs to … citizens” (art. 74), eliminating the possibility of an arbitrary blocking of the process. 2. Correlation with the role of the Constitutional Court. The review of constitutionality (Art. 6¹(3)) ensures that citizens’ initiatives do not infringe the fundamental principles of the Constitution, thus observing the limits laid down by art. 152 para. (1) (the prohibition of revisions affecting constitutional identity). III. Response to social needs. 1. Empowerment of citizens. The draft answers an ever more pressing social demand for direct involvement in political life. By clarifying the procedures and making the referendum result binding, citizens become active partners in the legislative process, not mere consultees. 2. Prevention of abuses. The provisions on the sanctioning of contraventions (Art. 6¹(5)) and the obligation to publicise the campaign (Art. 7(1) as amended) reduce the risk of manipulation or disinformation in electoral periods. IV. Technical corrections and legislative coherence. 1. Updating of the wording. The adaptation of the text of the ballot paper (Art. 7(1) as amended) so as to include explicit references to the citizens’ legislative initiative ensures coherence with the new procedures. 2. Unification of terms. The removal of ambiguities concerning the entry into force of laws (Art. 45(2)) and the inclusion of a clear time limit for Parliament (Art. 45(4)) increase the predictability of the legal system.

Necessity of the amendments:

The present laws (Act 3/2000 and Act 189/1999) govern the procedures for the referendum and the citizens’ legislative initiative, but display gaps which limit the effectiveness of these democratic instruments. For example:

1. Lack of clarity as to the binding character of the referendum result for the adoption of citizens’ initiatives.

2. Incomplete procedures for the validation and implementation of popular legislative initiatives.

3. Absence of clear time limits for Parliament as regards observance of the will expressed by referendum.

Objectives of the draft:

1. Strengthening the role of the referendum as a direct instrument of popular sovereignty.

2. Ensuring the transparency and efficiency of the procedures relating to the citizens’ legislative initiative.

3. Harmonising the legislation with the provisions of the Constitution, in particular with Art. 74 para. 1 (legislative initiative).

The main amendments and their justification:

1. Introduction of Article 6¹ into Act 3/2000

— (1)–(4): the obligation to transmit citizens’ initiatives to the Constitutional Court for verification of conformity with the Constitution is laid down. This ensures respect for the supremacy of the Constitution (Art. 1 para. 5 of the Constitution).

— (5): the procedures for organising the referendum are clarified, including publication of the draft in the Official Gazette and the informing of citizens. This mechanism strengthens transparency and access to information, essential for the correct exercise of democratic rights.

2. Amendment of Article 7 para. (1) of Act 3/2000

— A clear and specific question concerning the citizens’ legislative initiative is introduced on the ballot paper. This removes ambiguities and ensures an informed vote, in keeping with the principle of freedom of expression of the will (Art. 36 of the Constitution).

3. Binding character of the referendum result for Parliament (Art. 45 para. (4))

— A time limit of 120 days is established within which Parliament must adopt legislation in accordance with the will expressed in the referendum. This counters the risk of legislative inertia and confirms the binding character of popular sovereignty (Art. 2 of the Constitution).

— The addition of Art. 45(4) to Act no. 3/2000 introduces a strict 120-day time limit for Parliament to adopt laws conforming to the will expressed in the referendum. This mechanism counters the waste of public resources and avoids unjustified postponements, strengthening citizens’ confidence in the usefulness of civic participation.

4. Amendment of Act 189/1999

— The procedures for the citizens’ legislative initiative and for the organisation of the referendum are synchronised, ensuring coherence with Art. 74 para. 1 of the Constitution, which guarantees the right of citizens to propose laws.

In the light of the aspects and arguments set out above, I ask you to note that this legislative intervention is necessary in order to strengthen the sovereignty of the Romanian people and the transparency of the act of legislating, and to support its adoption.

This draft law seeks to revive the instruments of direct democracy provided for by the Constitution, transforming the referendum and the citizens’ legislative initiative from merely formal mechanisms into real pillars of national sovereignty. By guaranteeing transparency, binding force and constitutional review, the role of citizens as the primary source of State power is strengthened, in the spirit of art. 2 of the Constitution.

Through these amendments, the draft law achieves a legislative harmonisation with constitutional principles, strengthening the mechanisms by which the people exercises its sovereignty. It ensures that citizens’ initiatives are treated with the same degree of seriousness as those proposed by Parliament or by the Government, and that the result of the referendum becomes a binding and effective legal act. Participatory democracy is thereby strengthened, and the rule of law affirms its commitment to the supremacy of the Constitution and of the will of the citizens.

The approval of this law will strengthen citizens’ trust in institutions and will stimulate active civic participation.

We state that, by the letter of submission, the Government was requested, pursuant to art. 111 para. (1) of the Constitution of Romania, republished, to communicate its point of view on this legislative proposal.

INITIATOR:

THE PARLIAMENT OF ROMANIA

SENATE — CHAMBER OF DEPUTIES