Challenges of the Knowledge Society (May 2018)
THE REFERENDUM, REFLECTED IN THE ROMANIAN CONSTITUTIONAL COURT'S CASE LAW
Abstract
The referendum is the main instrument of direct democracy, a means of consultation by which the People has the possibility to directly exercise national sovereignty. In Romania, the referendum has to be organized every time the Constitution is subject to a revision, regardless of who has initiated it, and also when the dismissal of Romanian President is at stake. The result of the valid referendum cannot be disregarded in these two cases. So, this kind of referendum is compulsory both in what concerns its organization and its outcome. There is also a so-called consultative referendum, which is organized at the national level at the request of the President of Romania, who may ask the Romanian citizens to express their will as to questions of national interest. This one is optional from both fore-mentioned points of view: its necessity and its result. The Constitutional Court of Romania supervises the observance of the procedure for the organization and carrying out of a referendum, and it confirms its results. The referendum was a pretty controversial issue in Romania in the context of political changes that lead in 2012 to the suspension of the President of Romania and it continues to stir the feelings of the political stage in connexion with further intended amendment of the Basic Law. The present paper aims to depict the importance of the case law of the Constitutional Court concerning the referendum, as a guardian of constitutional democracy that renders compulsory decisions on the compatibility with constitutional principles and the rule of law of actions taken by the Government and the Parliament of Romania in respect of other State institutions. In this regard, it strongly recommended to the State’s institutions to engage in a loyal co-operation between themselves.
