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CCR to confirm referendum outcome in document attesting to finalisation of president recall procedure

The outcome of the July 29 referendum to recall President Traian Basescu will be confirmed by the Constitutional Court of Romania (CCR) and its ruling in this case will be the document attesting to the finalisation of the procedure to recall the president of Romania. The document will determine the effects of the procedure, the CCR wrote in its July 24 arguments.

Back then, the court overruled as ungrounded the complaint of the opposition Democratic Liberal Party (PDL) against the provisions in a Parliament's decision saying Parliament will take note of the CCR ruling if the court establishes that the requirements for validating the referendum have not been met and decide on a procedure to follow. The court's arguments were published on Wednesday in the Official Journal.

The CCR underscores in its arguments that no public authority may rule instead of the Constitutional Court or contrary to what is established in the CCR's generally mandatory rulings.

The court argues that the complainers are trying to prevent a supposed violation by Parliament of a CCR ruling, namely 'any decision of Parliament subsequent to the CCR ruling on its powers (confirmation, validation or invalidation of the referendum's outcome) and a supposed decision of Parliament subsequent to that of the Constitutional Court under which to decide on holding another referendum based on the same procedure grounded in Article 95 of the Constitution, a procedure that is finalised once the CCR ruling on the referendum is published in the Official Journal.'

'Yet, in exercising its powers, the court rules on Parliament's decisions affecting constitutional values and principles. The court may not examine and rule on supposed future documents and deeds of Parliament starting from the premise of bad faith in interpreting and enforcing a text included in a decision of this public authority or a supposed behaviour that runs contrary to the obligation to constitutional loyalty and the principles of the rule of law,' the CCR argues.

The court points to its jurisprudence, arguing that Parliament's decisions, just like any other judicial acts, should be interpreted and enforced in good faith and in the spirit of loyalty to the Constitution.

'As a matter of fact, the decisions passed by Parliament after the finalisation of the referendum to recall the President and after publication in the Official Journal of the referendum's outcome may be subjected to constitutionality scrutiny under the law,' the CCR ruled.

On July 24, the CCR overruled as ungrounded by a majority PDL's constitutionality complaint against Article 3 of Parliament's Decision 34 of July 6, 2012 concerning the object and date for the national referendum to recall Romania's President.

The ruling is final and generally mandatory. It has to be notified to the chairs of the two chambers of Parliament.