The Referendum Act: the result becomes binding upon Parliament, with a 120-day time limit, and the citizens’ initiative can no longer be blocked.

The explanatory memorandum: Explanatory memorandum — The Referendum Act

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

ACT

amending and supplementing Act no. 3/2000 on the organisation and conduct of the referendum and Act 189/1999 on the exercise of legislative initiative by citizens

The Parliament of Romania adopts this law

Art. I — Act no. 3/2000 on the organisation and conduct of the referendum, as subsequently amended and supplemented, is amended and supplemented as follows: → the reasons

1. After article 6, a new article 6¹ is inserted, reading as follows: → the reasons

“Article 6¹

(1) The initiative and the procedure for the adoption of citizens’ legislative initiatives are subject to the provisions of art. 74 para. 1 of the Constitution of Romania, republished, of Act 189/1999, republished, and of this law.

(2) The organisation and conduct of the referendum on the adoption of citizens’ legislative initiatives, as well as its result, are binding.

(3) The citizens’ legislative initiative shall be transmitted forthwith to the Constitutional Court, which shall proceed according to law. If the citizens’ legislative initiative is found to be unconstitutional, it is deemed unfinalised and is returned to the initiators, the procedure being resumed.

(4) If the Constitutional Court finds the citizens’ legislative initiative to be constitutional, the draft law is published in the Official Gazette of Romania, Part I, together with the decision of the Constitutional Court. The citizens of Romania are called upon to express their will by vote in a national referendum on the adoption of the draft law, on the last Sunday of the 30-day period calculated from the date of publication of the popular legislative initiative in the Official Gazette, the Government being obliged to bring this to public knowledge forthwith through the mass media.

(5) The persons entitled to take part in the national referendum on the adoption of citizens’ legislative initiatives, the manner of conducting the referendum campaign, the organisation and conduct of the referendum, the organisation and powers of the electoral bureaux, the acts constituting administrative offences and the manner of establishing and sanctioning them are those laid down in art. 4, art. 7 para. (1) and in chapters IV–VI. The result of the national referendum is established in accordance with art. 5 paras. (2) and (3) and art. 7 para. (2).”

2. In article 7, paragraph (1) is amended and shall read as follows: → the reasons

“(1) Citizens taking part in the referendum have the right to answer ‘YES’ or ‘NO’ to the following question entered on the ballot paper: ‘Do you agree with the law revising the Constitution of Romania in the form approved by Parliament?’, respectively ‘Do you agree with the citizens’ legislative initiative published in the Official Gazette no. …?’ (the number and date of the Official Gazette in which the citizens’ legislative initiative submitted to the referendum was published being completed accordingly).”

3. In article 45, paragraph (2) is amended and shall read as follows: → the reasons

“(2) The law revising the Constitution, the citizens’ legislative initiative or, as the case may be, the measure of removing the President of Romania from office enters into force on the date of publication in the Official Gazette of Romania, Part I, of the decision of the Constitutional Court confirming the results of the referendum.

4. Letter a) of paragraph 1 of Article 15 is amended and shall read as follows: → the reasons

a) according to this law, in the case of the referendum on the revision of the Constitution, in compliance with art. 151 para. (3) of the Constitution of Romania, republished, as well as in the case of the referendum for the adoption of citizens’ legislative initiatives, in compliance with art. 74 para. 1 of the Constitution of Romania, republished.

5. In article 45, after paragraph (3), a new paragraph (4) is added, reading as follows: → the reasons

“(4) The result of the referendum of national interest convened pursuant to article 90 of the Constitution of Romania (republished) is binding upon Parliament, which must, within no more than 120 days from the date of publication of the referendum result in the Official Gazette of Romania by the Constitutional Court, adopt a law observing the will of the people expressed by referendum.”

Art. II — Act no. 189 of 9 December 1999 (republished) on the exercise of legislative initiative by citizens is amended and supplemented as follows: → the reasons

1. In article 7, paragraph (5) is amended and shall read as follows: → the reasons

“From the date of receipt of the decision of the Constitutional Court, the Chamber of Parliament seised of the legislative initiative shall notify the Central Electoral Bureau in order to commence the procedures for organising and conducting the national referendum in accordance with Act 3/2000. In the latter case, the Constitutional Court shall also rule on the constitutionality of the proposal to revise the Constitution, pursuant to art. 146 letter a) of the Constitution, republished.”

President of the Senate — President of the Chamber of Deputies