Breach of electoral rights, guaranteed under Romania’s law and Constitution, in the context of the European elections in June 2024

Subject: Breach of electoral rights, guaranteed under Romania’s law and Constitution, in the context of the European elections in June 2024

Romania’s coalition government, which is composed of the Social Democratic Party (affiliated to the S&D) and the National Liberal Party (affiliated to the EPP), is holding discussions and advanced negotiations about the possibility of merging the European Parliament elections on 9 June with the local elections.

The government wants to change the Administrative Code, which currently stipulates that the mandate of local elected officials must be validated within 20 days after the elections. If the government succeeds in making this change, we will be faced with a situation whereby mayors and other newly-elected officials will not be able to take up their duties for three months because there is no legal scope for cutting short the mandate of local elected officials currently in office.

In view of this, can the Commission answer the following three questions:

1. Does the Commission consider that the government has a legitimate right to change the Administrative Code just months before the elections, to the electoral advantage of the two coalition parties currently in power?

2. Are the government's actions fair and democratic, bearing in mind that merging the elections would prevent some people from exercising their right to vote because, on election day, they will not be in the place where they are domiciled?

3. Is it democratic to make changes to organisation-related aspects of the elections with less than six months to go before the elections?

Submitted:31.1.2024

Answer given by Vice-President Jourová on behalf of the European Commission (2 May 2024)

While the Commission monitors developments related to electoral matters in the Member States, it does not have a general competence to intervene in the elections of Member States.

Subject to the respect of certain basic principles, such as those laid down in Articles 2 and 10 Treaty on European Union, it is the competence and the responsibility of the Member States to lay down the specific conditions for the conduct of elections and to ensure their enforcement.

The Commission issued Recommendation on inclusive and resilient elections (2023/2829) (1) adopted as part of the 2023 Defence of Democracy package.

It includes references to the Code of Good Practice in electoral matters of the Venice Commission of the Council of Europe which states that fundamental elements of electoral law should not be open for amendment less than one year before the elections.

The Commission works closely with the Member States’ competent authorities to promote free and fair elections in the EU, and to support the exchange of best practices on elections, including in the framework of the European Cooperation Network on Elections.

After the next elections to the European Parliament the Commission will assess the impact of the recommendation and the efficient conduct of the elections in the context of the Commission’s Report on the 2024 elections to the European Parliament.

1 ∙ ⸱ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023H2829 | | ( | | )