Verification of fulfilment of the conditions for the citizens’ exercise of the legislative initiative

Relevant provisions

Verification of fulfilment of the conditions for the citizens’ exercise of the legislative initiative is regulated by the provisions of Article 146 j) of the Constitution and by Articles 48-49 of Law no.47/1992.

Relevant legislation: Law no. 189/1999 on the exercise of legislative initiative by citizens, republished in the Official Gazette of Romania, Part I, no. 516 of 8 June 2004.

Authors of the referral

The Constitutional Court shall carry out the power set forth under Article 146 j)  ex officio or on the basis of the act submitted by the President of the Chamber of Parliament at which the citizens’ legislative proposal has been registered.

Subject matter of the referral

  1. legislative initiative of citizens for revision of the Constitution, which must belong to at least half the number of the counties in the country, and in each of the respective counties or in the Municipality of Bucharest, at least 20,000 signatures must be recorded in support of this initiative (Article 150 of the Constitution);
  2. legislative initiative of citizens, which must belong to at least 100,000 citizens entitled to vote. The citizens who exercise their right to a legislative initiative must belong to at least one quarter of the country’s counties, while, in each of those counties or the Municipality of Bucharest, at least 5,000 signatures should be registered in support of such initiative [Article 74 (1) of the Constitution].

Referral to the Constitutional Court

Ex officio or on the basis of the act submitted by the President of the Chamber of Parliament at which the citizens’ legislative proposal has been registered.

Procedure

On receiving the act on the respective case, the President of Constitutional Court shall designate the Judge-Rapporteur and fixes the date when the Judges shall convene in order to verify the initiative.

In carrying out this power, the Constitutional Court adjudicates on:

  1. a) the constitutionality of the legislative proposal which forms the object of the citizens’ initiative;
  2. b) the fulfilment of the conditions relative to the publication of this proposal and whether the lists of supporters are duly certified by the mayors of the administrative-territorial units or by their empowered representatives;
  3. c) the attainment of the minimum number of supporters required for the promotion of such initiative, as provided under Article 74, paragraph (1) or, as the case may be, under Article 150, paragraph (1) of the Constitution, republished, as well as the observance of their territorial dispersion in counties and in the Municipality of Bucharest, provided under the same Articles.

Type of act issued

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

Communication of the ruling

The ruling of the Constitutional Court is communicated to the president of the Chamber of Parliament referring the Court [Article 7 (4) of Law no.189/1999, republished].

Effects

On the day it receives the ruling of the Constitutional Court, the Chamber of Parliament at which the citizens’ legislative proposal has been registered initiates the law-making parliamentary procedure [Article 7 (5) of Law no.189/1999, republished].

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