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Referendum Ordinance Is Unconstitutional – Romanian Senate Chairman

Romanian social democrat leader and Senate Chairman Mircea Geoana said Thursday he will notify the Constitutional Court on the emergency decree the government passed Wednesday obliging the Parliament to approve the head of state’s request for a referendum within 20 days.
Referendum Ordinance Is Unconstitutional - Romanian Senate Chairman
01 oct. 2009, 11:12, English

„It’s obviously unconstitutional and, unfortunately, Prime Minister Boc is once again an electoral tool in the hands of (President) Basescu,” Geoana said, adding he is used to Basescu having „nothing holy and regarding the Constitution as a mere whim standing in the way of his election campaign”.

Geoana said social democrats will encourage the ombudsman to take a stand regarding the government decree that amends the referendum law and he, as Senate chairman, will notify the Constitutional Court. Geoana also underscored that social democrat ministers were against the decree.

The Romanian government passed an emergency decree Wednesday to amend the referendum law, stating the Parliament has 20 days to approve the president’s request, otherwise the head of state has the right to issue the decree for referendum.

The ordinance also states the referendum vote can be cast in presidential election polling stations, with separate stamps and on additional lists.

People close to the matter told MEDIAFAX that ousted interior minister Dan Nica and the representatives of the Parliament liaison ministry rejected this emergency ordinance, but the document was passed with the approval of the Ministry of Justice.

According to the quoted sources, Nica pointed to four normative acts banning the amendment of organic law by emergency ordinance and without the approval of the Ministry of Interior. However, the Secretariat General of the Government replied saying the Ministry of Interior’s approval is only consultative.

The head of state requested the organization of a referendum, simultaneously with the presidential elections set for November 22, for a single chamber Parliament and a lower number of Parliament members.

National Liberal Party president Crin Antonescu said Wednesday evening on television station Realitatea TV that he emergency ordinance in question is „absolutely baffling”, adding the liberals will notify the ombudsman on grounds of unconstitutionality.