Home > 4.7 European elections > ROMANIA - Law on the Organisation and Conduct of the Elections to the European Parliament
 
 
 
Download file    
 
 
Article 52
 

(1) The allotment of mandates of members of the European Parliament shall be made, in keeping with the conditions provided for in Article 20, by the Central Electoral Bureau, as follows:


a) during the first stage, the Central Electoral Bureau shall calculate theelectoral threshold and the national electoral coefficient and shall determine, in descending order of the number of validly cast votes, the roll of the political parties, organisations of citizens belonging to national minorities, political alliances, electoral alliances and independent candidates that may be allotted mandates;


b) during the second stage mandates shall be distributed at the level of thenational constituency for the rolls selected under the conditions provided for in point a) using the d’Hondt Method. The d’Hondt Method for the allotment of mandates consists in the distribution of the validly cast votes for each roll and independent candidate, selected under the conditions provided for in point a), to 1, 2, 3, 4 … up to the total number of mandates to be allotted, and the hierarchical distribution of the quotients in descending order. The number of mandates allotted to each roll separately corresponds to the total number of quotients related to each roll included in the ordered series, until all the mandates are allotted;


c) the independent candidate who might be allotted at least one mandate shallbe distributed one mandate, regardless of the number of mandates resulted from the calculation. In this case, the distribution of the other mandates shall be made, for rolls or independent candidates, in keeping with the conditions provided for in points a) and b) and with the provisions of Article 51 (1).


(2) The statement of poll, drawn up according to the law, shall be signed by the president or by his/her deputy, as well as by the other members of the Central Electoral Bureau, in whose presence it has been drawn up. The absence of the signature of some members of the bureaux does not affect the validity of the statement of poll and of the elections. The president shall specify the reasons which prevented the signing.


(3) The Central Electoral Bureau shall hand over to the elected candidates a certificate which ascertains the election.


(4) Following the receipt of the statements of poll from all the countybureaux, the Bucharest Municipality district electoral bureaux or from the electoral bureau for the polling stations abroad, the Central Electoral Bureau shall conclude a statement of poll regarding the centralisation of votes and allotment of mandates as follows:


a) the total number of voters entered on the copies of the permanentelectoral rolls and on the special electoral rolls (point a = point a1 + point a2), of which:


a1) the total number of voters entered on the copies of the permanent electoral rolls (point a1 >/ = point b1);


a2) the total number of voters entered on the copies of the special electoral rolls (point a2 >/ point b2);


b) the total number of voters entered on the electoral rolls that have come to the poll (point b = point b1+ point b2 + point b3), of which:


b1) the total number of voters entered on the copies of the permanent electoral rolls that have come to the poll;


b2) the total number of voters entered on the copies of the special electoral rolls that have come to poll;


b3) the total number of voters entered on the additional electoral rolls that have come to poll;


c) the number of ballot papers received (point c >/ = point d + point e + point f);


d) the number of unused and annulled ballot papers;


e) the number of validly cast votes (point e </ = point b – point f, point e = sum of validly cast votes under point g);


f) the number of annulled votes;


g) the number of validly cast votes obtained by each roll of candidates or by each independent candidate;


h) the number of validly cast votes obtained by each roll of candidates thathas reached the electoral threshold, and by each independent candidate who has reached the electoral coefficient (in descending order of the number of validly cast votes);


i) the roll of quotients calculated in accordance with the d’Hondt Methodfor each roll of candidates that has reached the electoral threshold, and for each independent candidate who has reached the electoral coefficient;


j) the roll of quotients sorted in descending order, calculated in accordance with the d’Hondt Method;


k) the number of mandates allotted to each roll of candidates or to each independent candidate (in descending order of the number of mandates);


l) the roll of members elected to the European Parliament;


m) the roll of deputy members of the European Parliament.


(5) The Central Electoral Bureau shall hand over to the PermanentElectoral Authority the files containing the electoral rolls used in the polling stations, filed according to polling stations and types of rolls. Upon the complaint of political parties, organisations of citizens belonging to national minorities, political alliances, electoral alliances, and of independent candidates who participate in the elections, made within 15 days of the date of validation of elections, and acccompanied by the evidence on which it is based, the Permanent Electoral Authority shall verify the electoral rolls used in the polling stations the complaint referred to, in order to detect cases in which a person has voted without having the right to vote or has voted several times on the same reference date. The time limit for the scrutiny of electoral rolls used in the polling stations is 6 months after the receipt thereof. If the Permanent Electoral Authority discovers clues regarding the committing of the offence provided for in Article 387 of the Criminal Code, it shall refer the matter to the competent criminal investigation bodies.*


(6) At the expiry of the time limit provided for in paragraph (5) for thescrutiny of electoral rolls used in the polling stations, the Permanent Electoral Authority shall ensure the electronic archiving thereof by a supplier of electronic archiving services, according to the Law No. 135/2007 on archiving of documents in electronic form.


* Amended by Law No. 187/2012.