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 5

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