6
GROSARU v. ROMANIA JUDGMENT
Article 66
“1. For the purposes of allocation of seats to candidates on the lists, only parties,
political groupings and coalitions having secured at least 3% of the validly cast votes
at national level shall be taken into account. Seats in the Chamber of Deputies and the
Senate shall be allocated separately.
2. Seats shall be allocated once the Central Electoral Office has notified the names
of the parties, political groupings or coalitions having secured at least 3% of the
validly cast votes at national level. Seats in the Chamber of Deputies and the Senate
shall be allocated separately.
3. Seats in the Chamber of Deputies and the Senate shall be distributed and
allocated in two stages: at constituency level and at national level.
4. At constituency level, the electoral office shall determine the constituency
electoral coefficient, separately for the Chamber of Deputies and for the Senate, by
dividing the total number of votes validly cast for all the lists of the parties, political
groupings and coalitions satisfying the criterion referred to in paragraph 1 and for
independent candidates by the number of deputies or, as applicable, senators, to be
elected in that constituency; each list shall be allocated as many seats as the number of
validly cast votes for that list divided by the electoral coefficient of the constituency.
The constituency electoral office shall allocate seats in the order in which the
candidates appear on the list; one seat shall be allocated to each independent candidate
having obtained a number of validly cast votes at least equal to the electoral
coefficient for deputies or, as applicable, senators. The constituency electoral office
shall inform the Central Electoral Office, with a view to their centralised distribution,
of the list of remaining votes (unused or fewer than the electoral coefficient) secured
by the lists of parties, political groupings and coalitions satisfying the criterion
referred to in paragraph 1 and of any seats that have not been allocated.
5. For each party, political grouping or coalition satisfying the criterion referred to
in paragraph 1, the Central Electoral Office shall add up, at national level, separately
for the Chamber of Deputies and for the Senate, the total number of any unused votes
or votes below the constituency electoral coefficient of all constituencies. The number
of votes thus obtained by each party, political grouping or coalition shall be divided
by 1, 2, 3, 4, etc., in line with the number of unallocated seats at constituency level;
the quotients resulting from the division, irrespective of the list from which they
come, shall be ranked in descending order up to the number of unallocated seats; the
lowest quotient shall constitute the national electoral coefficient for deputies or, as
applicable, senators. Each party, political grouping or coalition shall be allocated as
many seats in the Chamber of Deputies or the Senate as the total number of validly
cast votes, unused and lower than the constituency coefficient that it has obtained at
national level divided by the electoral coefficient fixed at national level.
6. The Central Electoral Office shall determine the distribution of seats by
constituency. ...”