Exercise of powers in respect of the organisation and conduct of a referendum and confirmation of its results

Relevant provisions

Article  146 i) of the Constitution

– Articles  46, 47 of Law no. 47/1992 on the organisation and functioning of the Constitutional Court, republished

Relevant legislation

Law no. 3/2000 on the organisation and conduct of the referendum, published in the Official Gazette of Romania, Part I, no. 84 of 24 February 2000, as amended and supplemented.

Author of the referral

The results centralised at national level by the Central Electoral Bureau, including the number of votes cast for each answer on the ballot and the number of invalid votes shall be submitted, under military protection, to the Constitutional Court within 24 hours of the end of centralization.

According to the Constitution and to the laws, the Constitutional Court shall supervise the observance of the procedure for the organisation and carrying out of a referendum, and it shall confirm its results.

Procedural rules

To carry out this power, the Constitutional Court is entitled to request information from any public authority.

At the request of the Constitutional Court, the Central Election Committee must present information on the stages and operations related to the carrying out of the referendum.

Type of act of the Constitutional Court

Within this power, the Court renders, pursuant to the provisions of Article 11 (1) B. c) of Law no.47/1992, a ruling. The ruling shall be taken by a vote of two-thirds of the judges of the Court.

Communication of the ruling

Before publication in the Official Gazette of Romania, Part I, the ruling of the Constitutional Court shall be presented to the Chamber of Deputies and the Senate, in their common session.

The Constitutional Court publishes the ruling on the outcome of the referendum in the Official Gazette of Romania, Part I, and in the press.

Effects of the ruling

The ruling establishes whether the procedure for the organization and carrying out of the referendum has been complied with, and it shall confirm its results.

The Law for revision of the Constitution or, as the case may be, dismissal from office of the President of Romania comes into force on the day of publication in the Official Gazette of Romania, Part I, of the Constitutional Court’s ruling confirming the referendum’s results.

All rulings rendered based on this area of jurisdiction, grouped per years, may be accessed here