The Legislative Council has approved the PNL bill allowing Iohannis to run for the Senate, but states that the president can run as an independent on a political party’s list without amending the law.
The institution led by former Minister of Justice, Florin Iordache, says that a similar provision has been in force before, and the Constitutional Court has found that it does not violate the Constitution.
"The Constitutional Court noted in the mentioned decision that 'The constitutional provisions invoked by the authors of the exception do not explicitly or implicitly prohibit the possibility for the President of Romania, in office at the time of the election of the Chamber of Deputies and the Senate, if in the last 3 months of the mandate, to run as an independent on the lists of a political party, a political alliance, or an electoral alliance for a mandate as a deputy or senator'."
On the other hand, there is no constitutional or legal provision that imposes the condition that a citizen must be a party member to be included on the candidate list of that party. Therefore, we believe that the President of Romania has the right to run for the position of senator or deputy on the list of a political party, a political alliance, or an electoral alliance, even in the absence of the envisaged norm," the Legislative Council specifies in its opinion sent to Parliament, cited by News.ro.
However, Law 208/2015, regarding the election of the Chamber of Deputies and the Senate, requires all candidates on a party's list to be members. And the Romanian Constitution prohibits the President of Romania from being a member of a political party.
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Thus, PNL has submitted to Parliament an amendment project to Law 208/2015, to allow Klaus Iohannis to run in the parliamentary elections, even if he is still in office.
The newly introduced article states: "Independent candidacies on the lists of candidates submitted by political parties, political alliances, or electoral alliances are not allowed, with the exception of the situation of the President of Romania, in office at the time of the election of the Chamber of Deputies and the Senate, if in the last 3 months of the mandate, who can run as an independent on the lists of a political party, a political alliance, or an electoral alliance to obtain a mandate as a deputy or senator.
If elected as a deputy or senator, the President of Romania is required to choose between the position of deputy or senator and that of president after validation."
The project was submitted by the PNL group leaders, Daniel Fenechiu and Gabriel Andronache.
If it passes Parliament, Iohannis will have to promulgate the law that will allow his own candidacy.