Romanian presidential impeachment referendum, 2007

A national referendum to impeach suspended President Traian Băsescu was held in Romania on 19 May 2007, after Parliament voted on 19 April 2007 in favor of Băsescu's impeachment on account of alleged unconstitutional conduct. [http://www.iht.com/articles/ap/2007/04/24/europe/EU-POL-Romania-Presidential-Referendum.php Referendum on whether to impeach Romanian president to be held May 19 - International Herald Tribune ] ]

Two exit polls were conducted among the participants in the referendum. An "Insomar/Metro Media" poll showed 75 percent of voters saying "No" to ousting Băsescu. A "CURS Institute" poll put the figure at 78.1 percent. [International Herald Tribune, [http://www.iht.com/articles/ap/2007/05/19/europe/EU-GEN-Romania-Referendum-Polls.php 2007/05/19/] ] [ [http://www.theglobeandmail.com/servlet/story/RTGAM.20070519.wromaniapres0519/BNStory/International/home "Romanian president survives referendum on impeachment"] , Associated Press, May 19, 2007 at 1:37 PM EDT]

A common statement by the European Popular Party leaders Joseph Daul and Wilfried Martens, published one hour after the result of the vote "welcomes the decision of the Romanian people in today’s referendum to reject a call to remove President Traian Basescu from office". [ [http://english.hotnews.ro/European-Popular-Party-welcomes-Romania's-decision-on-President-Basescu-articol_45019.htm HotNews.ro, May, 19, 2007] ] BBC News reported on the population's attitude by citing the answer from a teacher's interview "I've got sick of living in a country run by thieves - only Basescu can help us get rid of them" [BBC News [http://news.bbc.co.uk/2/hi/europe/6665919.stm "Romania president 'survives vote"] , Saturday, 19 May 2007, 18:02 GMT 19:02 UK ]

Referendum purpose and possible outcome

As specified by the Romanian Constitution, Băsescu had been suspended from his function as president following the impeachment vote by the Parliament, and the impeachment referendum had been scheduled to take place within 30 days from suspension. The object of the referendum was for the general public to decide whether the President should be dismissed or remain in office. The question printed on the ballots was: "Do you agree with the removal of the President of Romania, Mr. Traian Băsescu, from office?". [http://www.hotnews.ro/arhiva_avt/3825.pdf] , a question that was modified to add the name of the President even though Article 9 in the Law of referendum already established the content of the question without names of Presidents. The Constitution stipulates that an absolute majority of all Romanians with the right to vote is required for a positive result in the referendum, which meant that almost 9 million people would have had to vote against Băsescu for him to lose the presidency, [ [http://www.realitatea.net/index.php?domeniu=1&stire=56615 Pentru demitere sunt necesare circa 9 milioane de voturi - Realitatea TV - Politică ] ] otherwise he would regain full prerogatives. If Băsescu had been dismissed by the referendum, early presidential elections would have been called.

Resignation controversy

On April 17, Băsescu stated that if Parliament voted for his impeachment, he would resign "five minutes" after the vote, avoiding a referendum for dismissal and triggering early presidential elections. However, on April 20 he decided not to resign, claiming he wished to limit the period of political instability. [ [http://www.presidency.ro/?_RID=det&tb=date&id=8704&_PRID= Preşedintele României ] ] [ [http://www.bloomberg.com/apps/news?pid=20601085&sid=aQ.Ugr6z_ojs&refer=europe Bloomberg.com: Europe ] ]

Another reason for not resigning given by Băsescu and his supporters in the PD party was that his political opponents would try to modify the electoral law in order to stop a previously suspended president from again running in the elections, [ [http://www.eux.tv/article.aspx?articleId=6772 EUX.TV - ROUNDUP: Romania to hold referendum on removing president ] ] [ [http://english.hotnews.ro/Opposition-plans-to-change-electoral-law-to-prevent-Traian-Basescu-from-running-again-for-Presidency-articol_44775.htm HotNews.ro - Finantare guvernamentala pentru programul Marco Polo - Arhiva noiembrie 2007 ] ] following a Rolandas Paksas scenario. While Băsescu supporters did not present any evidence of the allegations, the parties that participated in the vote for impeachment made statements dismissing the scenario.

There were also rumours at the time that Parliament would try to transform Romania into a Parliamentary republic.Fact|date=June 2007

Reinstatement and referendum validity in case of low voter turnout

On April 24, Parliament voted to organize the referendum on May 19th and included an amendment of the opposition which stipulated that in case the Constitutional Court found the referendum unvalid, Parliament would decide on further procedures.

The Decision started a new debate on the referendum issue generated by the law not providing for the hypothesis that the referendum to dismiss the President would be considered formally not valid by the Constitutional Law on account of low turnout.

According to paragraph (2) of Article 5 in the Law no. 3/2000, a referendum is valid only if the majority of citizens registered in the electoral lists participate in the referendum, regardless of their votes or the validity of their votes once they have participated.

This condition applies to all referendums and only if met, the referendum will be held as formally valid by the Constitutional Court.

But neither the Constitution, nor the Law on referenda give any solution to the invalidity issue as to what would happen afterwards with the legal effects of the suspension vote or the re-instatement of the President with full prerogatives. Supporters of the idea that the referendum will have to be repeated - with the president suspended in the meantime - base their claim on Art. 95 in the Constitution which does not provide a limit in time as to the effects of a suspension vote by the Parliament. Ad absurdum, this argument may deny re-instatement even in case the referendum is valid and the people voted in favor of the President since the Constitution and the Law on referendum keep silent about this hypothesis as well. Another difficulty that arose from this argument is that a suspension vote would actually become a dismissal vote in case of low voter turnout since several referenda would have to be held with the President suspended while Article 95 says that only "a referendum" will be held and this will be done only "in 30 days" from the day of suspension. In addition, it was claimed that it cannot be reasonably inferred that low voter turnout equals a will to dismiss the President by the people and Parliament does not have the power to make this decision either.

Supporters of the President rebut the argument, stating that Article 95 calls for a referendum to be held in 30 days to dismiss the President by popular vote and that article 8 in the Law on referenda states that the referendum is mandatory. Since the referendum is the expression of national sovereignty that belongs to the Romanian people, only a positive result to dismiss the President will preclude Traian Basescu from regaining full prerogatives once the referendum is held at the date established. Save for a positive result to dismiss the President, Traian Basescu will regain full prerogatives the next day after the vote, regardless of participation rates or the validity of the referendum. This argument does not address the issue of the time limit for the suspension or that a valid referendum will have to legitimize again the reinstatement as President once he was suspended by the Parliament because only a valid referendum is the expression of national sovereignty not an invalid one.

Should the referendum be invalid on account of low voter turnout, a possible solution to this constitutional crisis would be a bolder decision of the Constitutional Court that will address the debate directly and issue a decision on reinstatement as well.

A second possible solution is for the Government to repeal the text of art. 5 para. 2 on participation requirements through an Emergency Ordinance.

Finally, resignation of the President would end his mandate and the issue by triggering presidential elections.

upport rallies for Băsescu

After he was suspended, Băsescu took part in several support rallies in which he continued to criticize the 322 members of Parliament who voted against him and made reference to an alleged conspiracy of corrupt political leaders and a "business oligarchy" that led to his impeachment. He also stated that he would not "negotiate" with his adversaries in order to maintain his office and that he would continue to fight against corruption once reinstated by the referendum [ [http://www.realitatea.net/56891_Traian-Basescu--Mergeti-la-vot-si-votati-asa-cum-va-dicteaza-constiinta-.html Traian Basescu: Mergeti la vot si votati asa cum va dicteaza constiinta - Realitatea TV - Politică ] ] .

Băsescu's political opponents replied by accusing him of always "seeking conflict" and "inventing enemies" in order to maintain a favourable public image of "fighter for justice". [ [http://www.realitatea.net/56957_Discursul-lui-Traian-Basescu-din-Piata-Constitutiei-a-atras-critici-din-partea-PNL-si-PSD-.html Discursul lui Traian Basescu din Piata Constitutiei a atras critici din partea PNL si PSD - Realitatea TV - Politică ] ] Mircea Geoană, leader of the opposition Social Democratic Party stated that Băsescu's participation in the rallies was illegal because "it took place before the official start of the electoral campaign for the referendum".

=Stakes-Piramids=

President Basescu's supporters placed 322 stakes-piramids in Tineretului Park of Bucharest, one for each legislator who voted for Basescu's impeachment. It was the idea of youth PD members organisation, and was approved by Bucharest Mayor, Adriean Videanu, who is also vice-President of the Democratic Party.

Martin Schulz, European Parliament Socialist Group leader, described this as "an affront to the most central institution of any democratic country, the Parliament" and stated "The Socialist Group strongly condemns this behaviour and calls for the immediate dismantlement of the copies of the torture instruments." [ro iconBBC: [http://www.bbc.co.uk/romanian/forum/story/2007/05/070509_referendum_tactici.shtml Până unde pot merge tacticile de campanie?]
ro iconRealitatea TV: [http://www.realitatea.net/59257_Campanie-cu-tepe-si-afise-.html Campanie cu tepe si afise]
PSE: [http://www.socialistgroup.org/gpes/newsdetail.do?lg=en&id=38148&href=home Martin Schulz statement] ] The Stakes-Piramids were not removed till the end of the referendum.

Referendum results

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thumb|right|250px|Percentage of "NO" votes by county">legend|#fce1e1|<65%

Early exit polls indicated a win for the president. Voter turnout had been low, a fact emphasized by both sides. [http://news.yahoo.com/s/ap/20070519/ap_on_re_eu/romania_president] [http://www.adevarulonline.ro/articole/basescu-ramane-presedinte/312692 [2(romanian news)] The president was still suspended pending official results, however, both the president and the opposing political coalition made statements acknowledging his imminent return as active president.

Over 50% presence was registered only in Bucharest (where the votes of Romanians living abroad were added to the local votes), Sibiu, Braşov and Constanţa counties. The highest percentage favouring impeachment was registered at Botoşani (39,69%), Teleorman (37,27%), Vaslui (35,34%), and Olt (35,53%) [ [http://www.becreferendum2007.ro/document3/refer_judete.pdf Referendum results by counties] ]

Notes