Referendum. Validitate. Întrunirea majorităţii absolute

Abstract

The requirement that must be met for the validation of the referendum is the same for all types of referenda, art. 5 par. (2) of Law no. 3/2000 imposing the absolute majority consisting of half plus one of the persons entered on the permanent electoral rolls. The Court holds that this is an essential requirement so that the referendum may actually and effectively express the will of the citizens, thus constituting the premise for an authentic and democratic expression of sovereignty through the people, in accordance with the principle provided in art. 2 par. (1) of the Fundamental Law.

The participation in the referendum of the majority of citizens represents an act of civic responsibility, the electoral body stating their opinions with regard to the sanctioning or not of the President of Romania, having the possibility to remove him from office or to maintain him.

Keywords: referendum, Fundamental Law, President of Romania