Romanian Referendum of 2019: Legal Reforms and Political Conflict
In early 2019, Romania embarked on a contentious journey toward a national referendum aimed at strengthening the rule of law and curbing government overreach. The movement was born from the social unrest following the controversial Ordinance 13 and widespread protests against corruption, signaling a public demand for systemic judicial integrity.
The Path to the Referendum
The initiative began in early 2017, but it took significant time to materialize. President Klaus Iohannis first announced his intention to hold a referendum on January 23, 2019. However, the process faced delays, and the procedure was suspended until May 26, 2019, after the President decided to expand the scope of the issues to be voted upon, which necessitated a new parliamentary procedure.
On April 4, President Iohannis clarified the specific objectives of the referendum. The proposal focused on two primary legal pillars: prohibiting amnesties and pardons for corruption offences, and restricting the government's ability to adopt emergency ordinances—legislative acts issued by the government that bypass the standard parliamentary process—specifically in the areas of offences, punishments, and judicial organisation. Furthermore, the proposal sought to grant other constitutional authorities the right to submit such ordinances to the Constitutional Court for review.
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Political Negotiations and Parliamentary Friction
Before the official parliamentary vote, President Iohannis invited leaders of parliamentary parties to a consultation. While most participated, the Alliance of Liberals and Democrats (ALDE) declined the invitation. During these discussions, Eugen Tomac, leader of the People's Movement Party (PMP), suggested adding further questions to the ballot, including the abolition of special pensions, a return to a two-round system for local elections, and reducing the number of MPs to 300.
The legislative process was marked by tension between political factions. On April 16, 2019, the common judiciary committees of both parliamentary chambers approved the referendum. The following day, the Parliament held a non-binding vote. During this stage, the PNL and USR parties accused the PSD of inserting recommendations that had not been vetted by the judiciary committees.
The initial report was adopted with 259 votes in favour, 9 against, and 1 abstention. This report contained claims that amnesties and pardons could not be a citizens' initiative under the Constitution and that the President lacked the authority to trigger a legislative referendum based on a Constitutional Court ruling. However, these specific recommendations were later removed in a subsequent vote, which passed with 218 votes in favour, 11 against, and 3 abstentions.
Final Decree and Execution
The process culminated on April 25, 2019, when the spokesperson for the Romanian Presidency, Mădălina Dobrovolschi, announced that President Klaus Iohannis had signed the decree to hold the referendum. This official act finalized the two specific questions that the Romanian public would be asked to decide.
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Key Facts
- Initiation: Proposed in early 2017 following protests against corruption and Ordinance 13.
- Core Objectives: Prohibiting pardons/amnesties for corruption and limiting government emergency ordinances regarding the judiciary.
- Key Figure: President Klaus Iohannis signed the final decree on April 25, 2019.
- Parliamentary Vote: The final report removing restrictive recommendations passed with 218 votes in favour.
- Legal Oversight: The proposal aimed to give more constitutional authorities the power to challenge ordinances at the Constitutional Court.
| Event/Milestone | Date | Outcome/Detail |
|---|---|---|
| Initial Proposal | Early 2017 | Triggered by anti-corruption protests |
| Presidential Announcement | January 23, 2019 | Intention to hold a referendum announced |
| Issue Definition | April 4, 2019 | Focus on corruption pardons and emergency ordinances |
| Parliamentary Approval | April 17, 2019 | Non-binding vote in favour |
| Final Decree Signed | April 25, 2019 | Referendum officially authorized |
Frequently Asked Questions
What were the primary goals of the 2019 Romanian referendum?
The referendum aimed to prohibit amnesties and pardons for those convicted of corruption offences and to stop the government from using emergency ordinances to change laws regarding punishments, offences, and the organisation of the judiciary.
Why was the referendum process delayed?
Although announced in January 2019, the procedure was suspended until May 26, 2019, because President Iohannis decided to expand the issues being voted on, which required a new parliamentary procedure.
Which political party refused to consult with the President?
The Alliance of Liberals and Democrats (ALDE) was the only party that declined the invitation to the consultation on the referendum.
What were the points of contention during the parliamentary vote?
The PNL and USR accused the PSD of adding recommendations to the report that had not been discussed in judiciary committees. These recommendations included claims that the President could not trigger a legislative referendum and that amnesties could not be a citizens' initiative.
What additional measures did the PMP suggest?
Eugen Tomac of the People's Movement Party (PMP) proposed abolishing special pensions, returning to a two-round system for local elections, and reducing the number of MPs to 300.