CĂLIN GEORGESCU v. ROMANIA DECISION
16. The President of Romania has no right to initiate the process of
adopting a law by regular legislative procedure (according to Article 74 § 1
of the Constitution, the Government, members of the lower and upper
chambers of the Parliament, or at least 100,000 citizens with a right to vote,
have such an entitlement under specific conditions). The President may ask
the Romanian citizens to express their will by way of referendum on certain
matters of national interest (Article 90). As interpreted by the Constitutional
Court, the results of such referendum would have political effects, but no
direct juridical or legislative consequences. It belongs to the authorities
invested with the power to initiate the process of adopting legislation to
consider whether to start such process along the lines expressed by the
citizens in the referendum (see, among others, the decision of the
Constitutional Court no. 2/2019, §§ 48, 52 and 73).
17. The President also participates in the appointment of the Government,
by designating a candidate to the office of Prime Minister and appoints the
Government on the basis of a vote of confidence adopted by the Parliament
(Article 85 § 1). The President has the power to dismiss and appoint, on the
proposal by the Prime Minister, some members of Government, but the
Parliament’s approval will also be required in the event of a government
reshuffle if this changes the ministerial structure or the political composition
of the Executive (Article 85 § 2).
18. Under Article 89 of the Constitution, the President has a limited power
to dissolve the Parliament under very specific circumstances, namely if no
vote of confidence has been obtained to form a Government within sixty days
after the first request, and only after rejection of at least two requests for
investiture. Moreover, during the same year, the Parliament can be dissolved
only once and, furthermore, it cannot be dissolved during the last six months
of the term of office of the President of Romania, or during a state of
mobilisation, war, siege or emergency.
19. The President, in the exercise of his powers, can issue decrees by
virtue of the Constitution. When they concern specific areas, such as
international treaties, state of emergency, mobilisation of the army, they have
to be counter-signed by the Prime Minister (Article 100).
THE COURT’S ASSESSMENT
20. The applicant complained that the decision no. 32 of 6 December
2024 of the Constitutional Court annulling the entire electoral process for the
election of the President of Romania had been based on unsubstantiated
accusations, that it had been unlawful and disproportionate and in violation
of his right to free elections provided for by Article 3 of Protocol No. 1 to the
Convention. Invoking Articles 6 and 13 of the Convention, the applicant also
complained that this decision, which had denied his right to be elected as
President of Romania, had been adopted in a non-transparent manner and that
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