GROSARU v. ROMANIA JUDGMENT
7
Article 68
“1. The Central Electoral Office shall resolve any disputes that may arise and issue
a separate report for the Chamber of Deputies and for the Senate. The report shall
indicate, at national level:
(a) the total number of voters registered on the permanent electoral registers;
(b) the total number of voters;
(c) the total number of validly cast votes;
(d) the total number of invalid votes;
(e) the method by which the constituency electoral offices have applied the
provisions of Article 66 § 4;
(f) how seats have been distributed at national level in accordance with Article 66
§ 5 and the allocation thereof to the constituencies in accordance with Article 66 § 6;
(g) the organisations of citizens belonging to national minorities which, despite
having participated in the elections, have failed to gain a seat in the Chamber of
Deputies or the Senate; the total number of votes validly cast for the lists of each of
those organisations and for organisations entitled to a seat in the Chamber of Deputies
in accordance with Article 4; and the name and surname of the first candidate
appearing on the list of the organisation entitled to a seat in the Chamber of Deputies
having secured the largest number of votes. In the event of any organisations’ lists
having obtained the same number of votes, seats shall be allocated by the drawing of
lots.”
19. Article 91 § 9 of the new Law no. 373 of 24 September 2004 on
elections to the Chamber of Deputies and to the Senate states that the
parliamentary seat belonging to the national minorities is to be allocated to
the constituency in which the list of candidates put forward has obtained the
highest number of votes.
3. Emergency Ordinance no. 165/2000 of 13 October 2000 amending
Law no. 68/1992
20. This Ordinance added the following paragraph to Article 5 of the
above-mentioned Law no. 68/1992:
“8. By way of derogation from the provisions of paragraphs 3, 6 and 7,
organisations of citizens belonging to national minorities may submit the same list of
candidates to the Chamber of Deputies in more than one constituency.”
4. Regulations of the Chamber of Deputies of 24 February 1994,
republished on 14 March 1996
21. The relevant parts of the Regulations, in the version in force at the
material time, were worded as follows: