Home > 4.6 Election of non-political bodies > ROMANIA - Law on the Election of the Senate and the Chamber of Deputies, as well as the Organisation and Functioning of the Permanente Electoral Authority
 
 
 
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Article 11
 

(1) At national level, a Central Electoral Bureau is set up, composed of 5 judges of the High Court of Cassation and Justice, the president and vice-presidents of the Permanent Electoral Authority and 12 representatives, at the most, of political parties, political alliances, electoral alliances, according to law, as well as a representative appointed by the parliamentary group of the national minorities within the Chamber of Deputies.


(2) The appointment of the 5 judges shall be done in public session, on the third day from the establishment of the date of the elections, by random draw, by the President of the High Court of Cassation and Justice, from among the judges in office thereof. The date, time and place of the public session for the random draw shall be notified in writing to the parliamentary political parties, by the President of the High Court of Cassation and Justice, one day prior to the random draw and it shall be made public in the broadcast media and writt en press. One representative, appointed as such, from each parliamentary political party can be present at the organisation and unfolding of the random draw. The result of the random draw shall be entered in the minutes, signed by the President and the First Assistant-Magistrate of the High Court of Cassation and Justice. The minutes represent the establishment document.**


(3) Within 24 hours from the appointment, the appointed judges shall choose from among them, by secret vote, the president of the Central Electoral Bureau and his/her alternate. Within 24 hours from the election of the president of the Central Electoral Bureau, the bureau shall be completed with the president and the vice-presidents of the Permanent Electoral Authority, with a representative from each parliamentary political party and organisation of citizens belonging to national minorities having as members at least 7 senators or 10 deputies or which obtained parliamentary representation in the previous electoral campaign, as well as with the representative appointed by the parliamentary group of the national minorities within the Chamber of Deputies, notifi ed in writing by them. The completion of the Central Electoral Bureau with the representatives of the political parties and of the organisations of citizens belonging to national minorities having as members at least 7 senators or 10 deputies or which obtained parliamentary representation in the previous electoral campaign shall be made cumulatively depending on the number of deputies and senators, to the maximum limit number of 12 representatives referred to in paragraph (1). Establishing the list of political parties and of the organisations of citizens belonging to national minorities having as members at least 7 senators or 10 deputies or which obtained parliamentary representation in the previous electoral campaign and the number of their parliamentaries shall be made by informing the general secretaries of the two Chambers of Parliament by the president of the Central Electoral Bureau. The completion of the Central Electoral Bureau shall be recorded in the minutes, which represent the establishment document. In this composition, the Central Electoral Bureau shall fulfi l all the powers that are incumbent upon it according to this law.*


(4) Within 2 days from the date the candidatures have remained fi nal, the political parties and the organisations of citizens belonging to national minorities having as members at least 7 senators or 10 deputies or which did not obtain parliamentary representation in the previous electoral campaign, the political and electoral alliances thereof, which take part in the elections, shall notify, in writing, to the Central Electoral Bureau, the fi rst and last names of their representatives. All notifi cations sent after this deadline shall be disregarded.*


(5) The appointment of the representatives of the political organisations referred to in paragraph (4) in the Central Electoral Bureau shall be done in the decreasing order of the number of candidatures remained fi nal in the electoral constituencies.*


(6) If, when appointing the representatives of the political organisations referred to in paragraph (4), the last seat to be allott ed accrues to parties, organisations of citizens belonging to national minorities or alliances having fi led the same number of candidatures, the appointment of the representatives shall be done, by random draw, by the president of the Central Electoral Bureau, in the presence of the persons delegated by the political parties, organisations of citizens belonging to national minorities, political alliances or electoral alliances in question.*


(7) The completion of the Central Electoral Bureau with representatives of political organisations referred to in paragraph (4) shall be done within 24 hours from the expiry of the deadline referred to in paragraph (4), by the president of the Central Electoral Bureau, in the presence of the bureau’s members and of the persons delegated by the political parties, organisations of citizens belonging to national minorities, political alliances and electoral alliances having communicated the representatives. The minutes drawn up by the president concerning the way to appoint representatives is the document ascertaining their capacity as members of the Central Electoral Bureau.*


(8) Electoral competitors appointing representatives in the Central Electoral Bureau according to the provisions of paragraphs (3) and (4) can also appoint alternates thereof. The alternate can replace the respective holder, with the same rights and obligations, only when the latt er cannot take part in the meetings of the Central Electoral Bureau.


(9) It is in the composition referred to in paragraph (1) that the Central Electoral Bureau shall adopt, within 2 days from being set up, the organisation and functioning regulations, to be published in the Official Gazette of Romania, Part I, which is mandatory for all electoral bureaus and offices.


(10) The auxiliary technical apparatus of the Central Electoral Bureau shall be ensured by the Permanent Electoral Authority and the Ministry of Interior and the necessary statisticians, by the National Institute of Statistics.


* Amended by Law No. 91/2020.


** Amended by Law No. 91/2020.