Venetian Commission criticizes Romania’s combined elections: Overuse of emergency ordinances risk to democracy

The Venetian Commission has released a critical report against Romania, concerning the merging of local and European parliamentary elections in 2024 through the Emergency Ordinance 21/2024. The report, adopted during the 142nd Plenary Session on March 14-15, emphasizes that the frequent use of emergency ordinances undermines legislative quality, legal security, and democratic principles, including the separation of powers in the state.

Key Findings of the Report

The Commission highlighted that the modification of the electoral commissions’ composition just three months before the elections contradicts the principle of electoral legislation stability, which stipulates that such changes should not occur less than a year before the vote. It was also mentioned that the adoption of OUG 21/2024 was not the result of a consensus and did not benefit from adequate public consultation.

The Commission requests the Romanian government to refrain from such practices in the future, and that changes should only be made through laws and well ahead of the elections.

The Emergency Ordinance 21/2024 provided for the merging of local elections with those for the European Parliament. The local elections, which should have taken place in September 2024, were thus advanced by more than three months, while the newly elected local authorities began their mandate in October, according to the initial calendar.

Recommendations and Conclusions

In conclusion, the Venetian Commission recommends Romania to avoid such last-minute changes and to ensure that any major legislative change in the electoral field is adopted in time, through a democratic and transparent process. The Commission’s report anticipates the publication of a new analysis, which will address the issue of cancelling elections under certain conditions.

According to the document, ‘the stability of electoral legislation is an essential condition for legal certainty – a fundamental aspect of the rule of law – essential for ensuring confidence in elections and the adoption of the electoral system by as many members of society as possible. The Code of Good Practice in Electoral Matters provides that the fundamental elements of electoral legislation, especially the composition of electoral commissions, should not be changed less than one year before the elections. In this case, the composition of the electoral commissions was modified by OUG 21/2024 just three months before the elections, which is very late. This violation of the principle of electoral legislation stability is significant due to the very late adoption of the ordinance.

The Venetian Commission reminds that electoral reforms must be adopted in time for both candidates and voters to understand the changes, and the election management bodies to apply them correctly.’