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Parliamentary questions
1 August 2012
E-007534/2012
Question for written answer
to the Commission
Rule 117
Norica Nicolai (ALDE)

 Subject: European legislation regarding the Romanian referendum
 Answer(s) 

Having regard to Article 4 of the Treaty on European Union,

Having regard to the Code of Good Practice on Referendums adopted by the Venice Commission, Section III, Article 7, ‘Quorum’,

Having regard to the fact that voting is not compulsory in Romania,

Having regard to the fact that the legislation on referendums in Romania has been changed before, in 2007 and then again in 2010,

Having regard to the principle of equality in law,

Having regard to the Commission’s statements concerning Romania,

Having regard to the Cooperation and Verification Mechanism (CVM) Report on Romania published by the Commission in July 2012,

Having regard to the fact that 46.24 % of the registered Romanian electorate (i.e. 8 459 053 people) participated in a referendum in which they decided by a large majority (87.52 %) that the President should be removed from office (7 403 836 people therefore voted ‘Yes’),

Having regard to the basic definition of democracy, i.e. as a form of government whereby all adult citizens have an equal say in the decisions that affect their lives,

Can the Commission state:

1. why it stipulated that the referendum on the dismissal of the Romanian president required a turnout of 50 % plus one of total registered voters in order to be valid, when this is neither a requirement of basic international democratic principles nor an established legislative principle in Romania;
2. on what it based its criticism of the Romanian Government's attempts to change the 2010 referendum law back to its 2007 form, as the 2010 changes made Romania one of only three countries in the whole of Europe requiring a turnout of 50 % of voters plus one for the validation of a referendum;
3. how its criticism of Romania can be justified, given the principle of equality under the Treaties and given that the current government has tried to change the law in order for it to reflect majority practice in the European Union?

Last updated: 14 August 2012Legal notice