Romanian presidential impeachment referendum, 2012
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A referendum on impeaching President
Traian Băsescu Traian Băsescu (; born 4 November 1951) is a conservative Romanian politician who served as President of Romania from 2004 to 2014. Prior to his presidency, Băsescu served as Romanian Minister of Transport on multiple occasions between 1991 ...
was held in
Romania Romania ( ; ro, România ) is a country located at the crossroads of Central, Eastern, and Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, Serbia to the southwest, Moldova to the east, and ...
on 29 July 2012. The referendum was required after
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
voted in favour of impeaching Băsescu on 6 July, and had to take place within a month. It was the second referendum on impeaching Băsescu, the first having been held in May 2007, in which 74% of voters chose to keep him in office. Băsescu was later narrowly re-elected in 2009. The parliament of Romania impeached the former president and called on the nation to dismiss Băsescu on a variety of charges, but Băsescu dismissed the poll as a " putsch" and asked the public to boycott it. Polls showed a majority of Romanians favoring the impeachment of the President, but the turnout was estimated to be around 46%, thus rendering the referendum invalid. The
Constitutional court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
has the final verdict in the case of the validity of the referendum. Final results from the Central Electoral Bureau were published on 1 August 2012. On 2 August 2012, the
Court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
announced that a verdict for the validity of the referendum will be pronounced after 12 September 2012. Until that date, all the authorities have to clear up the electoral lists, in order to correctly calculate the voter turnout. Finally, the verdict will be presented in a joint session of Parliament. Meanwhile, the Constitutional Court rescheduled the verdict for 31 August 2012. A second rescheduling placed the verdict on 21 August 2012. The
Constitutional Court of Romania The Constitutional Court of Romania ( ro, Curtea Constituțională a României) is the institution which rules on whether the laws, decrees or other bills enacted by Romanian authorities are in conformity with the Constitution. It consists of nin ...
subsequently declared the referendum invalid, reinstating Băsescu as president of Romania, which succeeded on 28 August.


Background

Băsescu's political rival, Prime Minister
Victor Ponta Victor Viorel Ponta (; born 20 September 1972) is a Romanian jurist and politician, who served as Prime Minister of Romania between his appointment by President Traian Băsescu in May 2012 and his resignation in November 2015. A former member of ...
, accused him of overstepping his powers through illegal phone-tapping, use of national intelligence services against political enemies, and pressuring prosecutors in criminal cases. The president's popularity had fallen due to his support for strong austerity measures and perceptions that his appointments were guided by
cronyism Cronyism is the spoils system practice of Impartiality, partiality in awarding jobs and other advantages to friends or trusted colleagues, especially in politics and between politicians and supportive organizations. For example, cronyism occurs ...
. Băsescu responded by calling the referendum a putsch attempt by his opponent, who had previously been criticized for dismissing the speakers in both chambers of the
Romanian Parliament The Parliament of Romania ( ro, Parlamentul României) is the national bicameral legislature of Romania, consisting of the Chamber of Deputies ( ro, Camera Deputaților) and the Senate ( ro, Senat). It meets at the Palace of the Parliament in Bu ...
and the country's ombudsman. He asked the public to boycott the poll. On the day before the vote in Parliament, the government changed the referendum law to enable an impeachment referendum to be valid if a majority of voters voted in favour. Previously the law required at least 50% of eligible voters to vote in favour. Following criticism of his tactics from the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
, which accused him of "undermining the rule of law", Ponta accepted the ruling by the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
to require a turnout of 50% plus one to render the result of the referendum valid.


Opinion polling


Results

Voters were asked the question "''Do you agree with the dismissal of the President of Romania Mr Traian Băsescu?''" ( ro, Sunteți de acord cu demiterea Președintelui României, domnul Traian Băsescu?). Exit polls showed more than 80 percent voted for the impeachment of the president. The turnout at 23:00 (poll closing time) was estimated to be of 45.92% with a ±3% error margin. This was based on data from 2,889 of the 18,242 polling stations. This does not take into account the special electoral lists for citizens voting outside their residence area (especially those on vacation throughout the country), unmovable and abroad. The turnout of under 50% rendered the referendum results as invalid even though 86% of those who voted supported the impeachment. The turnout was estimated to have been around 51.6% in rural areas and 41.8% in cities, with Bucharest at 40.0%. The highest turnout was reported in Muntenia with a turnout of over 50% and some counties having over 60%, including
Olt Olt or OLT may refer to: People: * Károly Olt (1904–1985), Hungarian politician * Mike Olt (born 1988), American baseball player Places: * Olt County, a county (județ) of Romania * Olt (river), a river in Romania ** Olt Defile, a defile that ...
, 74.7%; Mehedinți, 70.5%; Teleorman, 70.2%; Giurgiu, 60.7%; and Vâlcea, 60.4%. Eight polling stations in Olt County had a turnout of over 100%, the highest being 126%. In other parts of Romania the turnout was below 50%, with the lowest in
Transylvania Transylvania ( ro, Ardeal or ; hu, Erdély; german: Siebenbürgen) is a historical and cultural region in Central Europe, encompassing central Romania. To the east and south its natural border is the Carpathian Mountains, and to the west the Ap ...
. The counties with the lowest turnout were
Harghita Harghita (, hu, Hargita megye, ) is a county (județ) in the center of Romania, in eastern Transylvania, with the county seat at Miercurea Ciuc. Demographics 2002 census In 2002, Harghita County had a population of 326,222 and a population ...
, 11.6%; Covasna, 20.6%; Satu Mare, 28.2%; Mureș, 34.0%; and Arad, 35.0%.


Reactions

After the first results were published, president Băsescu declared that "the flame of democracy has remained alight. Romanians have rejected the coup d'etat." Ponta declared that his government "will respect all decisions of the Constitutional Court and will act as a factor of stability in the next period, regardless of whether the referendum is validated or not". Ponta went on to declare that he is "not going to seek confrontation with Basescu (...) everyone is going to lose if we are continuing to fight", and pledged not to "interfere with the president's prerogatives." He also said, however, that further cooperation with Băsescu would be impossible after the vote against him, stating "We have nothing more to discuss with a man rejected by the citizens". In a letter to the EU, Ponta pledged to accept the ruling of the Court if it will declare the referendum invalid. However, acting president Crin Antonescu, called on the Constitutional Court to take into account the 2011 census figures which he claims better represent "reality", than the current figures of the official electoral register, which would result in a different figure for the voter turnout. As the results dropped in, relatively peaceful protests were organized in the University Square of Bucharest. People also gathered in front of the National Theatre and the
Cotroceni Palace Cotroceni Palace ( Romanian: ''Palatul Cotroceni'') is the official residence of the President of Romania. It is located at ''Bulevardul Geniului, nr. 1'', in Bucharest, Romania. The palace also houses the National Cotroceni Museum. History T ...
and chanted slogans against president Băsescu. After publication of partial results by the Central Electoral Bureau, following which the quorum was not comprised for Băsescu's dismissal, former
President of Romania The president of Romania ( ro, Președintele României) is the head of state of Romania. Following a modification to the Romanian Constitution in 2003, the president is directly elected by a two-round system and serves for five years. An indi ...
Ion Iliescu Ion Iliescu (; born 3 March 1930) is a Romanian politician and engineer who served as President of Romania from 1989 until 1996 and from 2000 until 2004. Between 1996 and 2000 and also from 2004 to 2008, the year in which he retired, Iliescu ...
wanted to clarify for RFI that the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
is compelled, taking account of European electoral common laws and the
Venice Commission The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin ...
's recommendation that no threshold should be imposed, to consider the 29 July referendum valid.


Verdict

The Romanian constitutional court subsequently declared the referendum invalid by a vote of 6–3 due to the fact that turnout did not reach 50%. The move reinstated Băsescu as president of Romania. Acting President Crin Antonescu, however, said that Băsescu was an "illegitimate" leader because he was suspended by parliament. As a reaction to the verdict, hundreds of protesters took to the streets in Bucharest, calling for Băsescu's resignation.


References


Further reading

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External links


Central Electoral Bureau
{{Romanian elections 2012–2015 unrest in Romania Impeachment Referendums in Romania 2012 in Romania 2012 referendums July 2012 events in Europe