Independents Allowed To Run In Romanian By-Elections - Constitutional Court Ruling

The Court admitted the exception in the case of article 48, section 17 of Law 35/2008, which states "only political parties and organizations of citizens belonging to national minorities, who, in general elections, have met the election threshold set by this law, either individually or in a political alliance, may run in partial elections. Partial elections will be carried out in a single round and the highest ranked candidate shall be the winner."

Cernea argued that, in case an independent candidate is rejected, this article breaches article 2 section 1, article 16 sections 2 and 3, and article 37 of Romania's Constitution, as well as a series of provisions of article 14 of the European Convention on Human Rights.

"Citizens, not parties, run in elections," explained Cernea. "Therefore, article 48 section 17 is unconstitutional because it deprives an independent candidate of a right whose exercise does not hang on one's membership in a party, on grounds related to the election threshold, which is a criterion applicable exclusively to parties, not independents."

The Constitutional Court rejected, however, Cernea's exceptions to article 29, section 5 and article 30 of Law 35/2008. Section 5 states that every candidate must make a contribution to the Standing Electoral Authority in the amount of five times the minimum gross wage. Article 30 states that independent candidates must have the support of at least 4% of their constituency.

Cernea objected to article 29, section 5, on the grounds that the contribution is the highest in the European Union: 30 times the amount required in the Netherlands. He also said the 4% election threshold exceeds the maximum 1% permitted by the Council of Europe.

The deputy seat representing Bucharest's 19th constituency became vacant following the resignation of Daniela Popa, who took up a position with the Insurance Supervision Commission. The two candidates in the race are Teo Trandafir, on behalf of the Democratic Liberal Party, and Liliana Minca, from the Social Democratic Party-Conservative Party alliance. The city's Electoral Office rejected Cernea's candidacy on April 6.

Cernea raised an exception of unconstitutionality to article 48 in January, when his candidacy for a deputy seat representing Bucharest's 1st constituency was rejected by the Central Electoral Office. At the time, Cernea's objection was dismissed by the Constitutional Court.

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