Home > 4.1.2 Upper house > ROMANIA - Law no. 208/2015 on the election of the Senate and the Chamber of Deputies, as well as on the organisation and functioning of the Permanent Electoral Authority
 
 
 
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Article 56
 

(1) The organisations of citizens belonging to a national minority, legally set up, which have not obtained in the elections at least one seat of Deputy or Senator are entitled, according to Article 62 (2) of the Romanian Constitution, republished, to a seat of Deputy, if they have obtained, at national level, a number of votes equal to at least 5% of the average number of validly cast votes at national level for the election of a Deputy. The average number of validly cast votes at national level for the election of a Deputy represents the non-rounded integer of the ratio between the number of validly cast votes obtained at national level by all political parties, political alliances, electoral alliances or organisations of citizens belonging to the national minorities having met the requirement referring to the electoral threshold, the validly cast votes obtained by the independent candidates having received mandates and the total number of mandates for the Chamber of Deputies according to Appendix 1.


(2) The organisations of citizens belonging to the national minorities represented in the Parliament can submit candidatures.


(3) By national minority we understand the ethnicity represented in the Council of National Minorities.


(4) Other organisations of citizens belonging to the national minorities, legally set up and of public utility, submitting to the Central Electoral Bureau, within 30 days from the date the election date is set, a list of members including at least 15% of the total number of citizens having declared, at the last census, as belonging to the respective minority, can also submit candidatures.


(5) If the number of members required for meeting the conditions set in paragraph (4) is above 20,000 people, the list of members must include at least 20,000 persons domiciled in at least 15 of the country’s counties and the Municipality of Bucharest, but not less than 300 people for each of these counties and for the Municipality of Bucharest.


(6) The list of members shall be drawn up by localities and by counties and it shall include: the name of the organisation, the members’ last name and first name, personal identification number, date of birth, domicile, name, series and number of the ID document, their signatures, as well as the last name and first name of the person having drawn it up. The person having drawn up the list is bound to file, together with it, a sworn statement certifying the accuracy of the members’ signatures, as well as the fact that the list has been drawn up for the purpose of taking part in the parliamentary elections of the respective year.


(7) Under this law, the organisations of citizens belonging to the national minorities, referred to in paragraphs (1) to (4), shall be covered by the same legal regime as the political parties only during the electoral period.


(8) The provisions of paragraph (1) shall not apply to the organisation of citizens belonging to national minorities having participated in the elections as part of an electoral alliance.


(9) The seat of Deputy allotted according to paragraph (1) shall be granted beyond the total number of Deputies resulting from the representation rate.


(10) The organisations referred to in paragraphs (1) to (4) can take part in the elections and can file candidatures only under the name and with the electoral symbol of the respective organisation.