REFERENDUMUL LA CONFLUENŢA NORMELOR DREPTULUI NAŢIONAL ŞI A REGLEMENTĂRILOR COMISIEI DE LA VENEŢIA
THE REFERENDUM AT THE CONFLUENCE OF NATIONAL LAW AND THE VENICE COMMISSION’S REGULATIONS
Author(s): Anca NițăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: referendum; rule of law; electoral register; legal stability; electoral fraud;
Summary/Abstract: The article – beginning with the legal nature of referendums, presents the legal basis of this democratic instrument for wielding state power. It observes the evolution of national regulations in the field of referendums and it highlights doctrinal opinions, primarily with regard to the nationwide consultative referendum established by article 90 of the Romanian Constitution. At the same time, it presents the manner in which the Constitutional Court received – through the rationale for the relevant decisions in this field – the recommendations of the European Commission for Democracy through Law (the Venice Commission) as provided in its Code of Good Practice on Referendums, especially in relation to aspects concerning the legal stability, the validity of the referendum and its effects.
Journal: Universul Juridic
- Issue Year: 2019
- Issue No: 05
- Page Range: 7-21
- Page Count: 15
- Language: Romanian