The President has publicly transmitted to the current Government the prohibition to organize the upcoming presidential elections, as only the next government, to be formed in an uncertain future, will have to conduct this election, according to APADOR-CH.
In a press statement on December 6, 2024, President Iohannis announced the steps following the decision of the Constitutional Court of Romania to annul the presidential elections:
"Firstly, following the validation of the parliamentary elections that took place in the meantime, the new Parliament will be convened, consultations with the parliamentary parties will be held, and the new Government of Romania will be formed after the parliamentary elections.
The new government of Romania will establish new dates for the two rounds of the presidential election. Therefore, once again, the new Parliament is convened, the new government is elected, the new government determines when the presidential elections will take place in the new version," said Iohannis.
Based on this statement, the Association for the Defense of Human Rights in Romania - Helsinki Committee (APADOR-CH) believes that the President has publicly conveyed that the current government is prohibited from organizing the next presidential elections, as only the next government, to be formed in an uncertain future, will have to conduct these elections.
However, no legal or constitutional provision prohibits the current government from organizing the new presidential elections, the association emphasizes in a statement sent to spotmedia.ro.
The election date is set by government decision (GD). For example, Government Decision no. 756 of July 4, 2024, established November 24, 2024, as the date of the presidential elections in 2024.
The conduct of presidential elections does not need to be reinvented in each electoral cycle; it is defined by an existing law, namely Law no. 370/2004 on the election of the President of Romania. Additionally, after setting the election date by GD, the organization of elections is also done by GD, which implements Law no. 370/2004.
For example, for the recently annulled elections, the Government issued GD no. 1063 of August 28, 2024, regarding the establishment of measures for the proper organization and conduct of the elections for the President of Romania in 2024. Therefore, elections can be scheduled and organized by the Government through GDs, issued in the implementation of the law for the election of the president (Law 370/2024). As was done in the presidential elections of November 24, 2024, annulled elections, but not due to illegal organization, the organization highlights.
"So, why can't the current government organize elections for the position of president anymore?
What is the legal basis for this prohibition publicly communicated by the current president to the government in office?
This was not specified in the president's speech. Perhaps it is the people's job to figure it out, it is not the emperor's job to explain.
How serious is this prohibition communicated by the president? We all know what the president does when he gets upset: he throws his coat over the car. And the prime minister definitely does not want to play the role of the coat. Although sometimes, a scarf role would suit him as well," says APADOR-CH.
- REPER asks Iohannis to declassify information related to the parliamentary elections
- AUR accuses Iohannis of "clinging to the mandate"
According to art. 385 para. 1 of the Penal Code, obstructing, by any means, the free exercise of the right to vote or to be elected is punishable by imprisonment from 6 months to 3 years.
The question that arises is whether the phrase "obstruction by any means" contained in the text of the aforementioned offense also refers to the unjustified delay in organizing elections, which naturally hinders voters from voting, in a period where there is no legal prohibition for them to vote, as highlighted by APADOR-CH.
Postponing the (re)organization of elections to an uncertain future, which should have been completed by this date, is not similar to obstructing the exercise of the right to vote? The answer to this question can be provided by the authorities competent in the application of the Penal Code, the organization states, specifying that it does not intend to file a criminal complaint against the president.
"The serious issues in today's society are not resolved through criminal law means, with masked individuals jumping fences to chase ideas. It's like calling an elephant to tidy up your porcelain shelf. But the question remains. If the prosecutor wants to provide an answer, they can also take action on their own initiative," mentions APADOR-CH.