REFERENDUM AS AN INSTRUMENT OF DEMOCRACY IN A STATE GOVERNED BY THE RULE OF LAW: AN ANALISYS THROUGH THE LENS OF THE ROMANIAN CONSTITUTIONAL COURT'S CASE-LAW
DOI:
https://doi.org/10.55516/ijlso.v5i1.238Keywords:
conflict of interests, company with legal personality, administrator, favoring certain persons.Abstract
The paper intends to highlight the importance of the referendum in a democratic State and to stress the need that its organization and conduct have to be in accordance with the standards required by a State governed by the rule of law. The role of the Constitutional Court will also be depicted and its case-law will be briefly presented in what concers the most relevant aspects of the referendum as an instrument used by the citizens in order to participate in the decision-making process at the State level.
References
Constitution of Romania; Law no. 3 of 2000 on the organization and conduct of the referendum, published in the Official Gazette of Romania, Part I, no. 84 of 24 February 2000; Code of Good Practices in Referendum Matters, adopted at the 70th Plenary Session, in Venice, on March 16-17, 2007;
Valentina Bărbățeanu, "The Constitutional Court and participatory democracy or the involvement of citizens in the legislative process", Bulletin of the Constitutional Court no. 1/2016 https://www.ccr.ro/buletinul-curtii-constitutionale/;
Valentina Bărbățeanu, "The Referendum, Reflected In The Romanian Constitutional Court's Case Law", published in the e-book of the "Challenges of the Knowledge Society" Conference, Bucharest, 2018;
I. Deleanu, Institutions and constitutional procedures - in Romanian and comparative law, Ed. C.H. Beck, Bucharest, 2006;
Marian Enache, Ștefan Deaconu, Valentina Bărbățeanu, Electoral System and the referendum in the jurisprudence of the Constitutional Court, C.H.Beck Publishing House, 2022;
Ioan Muraru, Elena-Simina Tănăsescu, The Constitution of Romania. Commentary on articles, C.H.Beck Publishing House, Bucharest, 2019;
Elena Emilia Ștefan, "Termination of the mayor's mandate through a local referendum", Public Law Review no. 4/2022;
Decisions of the Constitutional Court of Romania: Decision no. 70 of April 18, 2000, published in the Official Gazette of Romania, Part I, no. 334 of July 19, 2000;
Decision no. 17 of January 21, 2015, published in the Official Gazette of Romania, Part I, no. 79 of January 30, 2015;
Decision 334 of 26 June 2013, Official Gazette of Romania no. 407 of 5 July 2013;
Decision of the Constitutional Court no. 612 of October 3, 2017, Official Gazette No. 922 of November 23, 2017.
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