The law states that a private individual cannot initiate the dissolution procedure of a political party.
The three requests to dissolve PNL, USR, and UDMR were filed on June 16, with the legal subject listed as „political parties dissolution of political parties.”
The person requesting the dissolution of the three parties is a man from Brașov named Nicodim Eugen Lupea.
The Bucharest Tribunal registered the citizen’s requests, but has not yet scheduled any court hearings.
Political parties operate based on Law 14/2003. Article 44 states that dissolution can be ordered when a party pursues goals contrary to the constitutional order, carries out activities that harm state sovereignty or integrity, or when its actual activity differs fundamentally from the one declared in its statute.
In addition, another ground for dissolution is inactivity. If a party fails to participate in elections for at least ten years, the court can rule its automatic dissolution.
Furthermore, under Law 14/2003, a private individual lacks legal standing. The initiation of a lawsuit to dissolve a political party belongs exclusively to the Public Ministry, through a prosecutor.
Who Can Request the Dissolution of a Party
According to the law, legal action for the dissolution of a political party may only be brought before the Bucharest Court of Appeal by the Public Ministry.
A citizen can only notify the authorities or provide information, but does not have the right to trigger the procedure directly.
Therefore, the judge could dismiss the entire case before even examining the merits, citing the lack of legal standing.
In Romania, no political party has ever been dissolved at the request of a citizen.
Moreover, Law 14/2003 designates the Bucharest Court of Appeal as the competent court, not the Bucharest Tribunal, which creates a procedural flaw right from the start.