Referendumul naţional iniţiat de Preşedintele României – între conflict şi mediere
The national referendum initiated by the President of Romania – between conflict and mediation

Summary/Abstract: This paper aims to clarify certain aspects of the legal regime of the referendum that can be initiated by the President of Romania. In this area, there have been many controversies about the limits of the presidential power of choosing the question that will be made within the referendum and on the effects of this type of referendum. We wanted to clarify certain concepts and trying to find out which was the real intention of the Constituent Assembly on this topic. We consider that the exercise of the presidential power to ask the people to express themselves through a referendum can have dangerous consequences on the functioning of state authorities if this power is exercised without any limitation. Thus, we have proposed two general limits of this presidential power: issue put to referendum may not have the purpose of revising the Constitution and it can not be exercised in the field where citizens’ legislative initiative is forbidden.

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