| Parliamentary Assembly Assembl�e parlementaire |
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Law on local elections in Romania
Doc. 10160
27 April 2004
Motion for a resolution
presented by Mr Braun and others
This motion has not been discussed in the Assembly and commits only the members who have signed it
Notes that the Parliament of Romania adopted Law No. 67/2004 on Local Elections which sets discriminative conditions for parties of national minorities other than those already represented in the Parliament. According to the relevant provisions of Law (Art. 7, 44, 93) only those parties of national minorities may run for local elections who are already represented in the Parliament, while other parties have to fulfil special, very severe, almost unrealistic conditions. (In order to qualify, the membership of a party has to amount to at least 15% of the whole minority population according to the last census. In the case of the Hungarian minority, it means at least 25,000 persons. This must be proved by lists, contained full name, date of birth, address, registration number of the identity document and signature of each of the 25,000 persons. In addition, not less than 300 signatures had to be collected in at least 15 different counties of Romania and in the municipality of Bucharest. None of these conditions are applicable to parties already represented in the Parliament).
Notes that when fulfilling these discriminative conditions set by the above law, a Hungarian organisation had to face repeated discrimination embodied in administrative measures of the competent state authorities (ie changing of relevant regulation retrospectively through government decree published on 16 April during the period of collecting the signatures, this way diminishing the time frame for the fulfilment of the very strict discriminatory requirements to 7 days).
Considers that the principles set by the law and the administrative practice in the course of the implementation contradict to the letter and spirit at basic Council of Europe legal instruments like the European Convention for the Protection of Human Rights and Fundamental Freedom, the Framework Convention for the Protection of National Minorities and the European Charter for Local Self-Governments.
Considers that the adoption of discriminatory legislation, especially in such a sensible field as the electoral law prevents the expression of the pluralism inherent in a democratic society and in itself constitutes a serious danger to the functioning of democracy in Romania.
Considers that the discriminative administrative measures in the course of the implementation of the law even aggravate the situation.
Considers that a report to the Assembly on the case of this law (and the accompanying administrative practices) should be prepared.
Signed
[1]:
Braun, Hungary, EPP/CD
Aguiar, Portugal, EPP/CD
Bauer, Slovakia, EPP/CD
Berisha, Albania, EPP/CD
Cilevics, Latvia, SOC
Gross, Switzerland, SOC
Kilclooney, United Kingdom, EPP/CD
N�meth, Hungary, EPP/CD
Paoletti Tangheroni, Italy, EPP/CD
Pourgourides, Cyprus, EPP/CD
Severinsen, Denmark, LDR
Spindelegger, Austria, EPP/CD
Van den Brande, Belgium, EPP/CD
Wielowieyski, Poland, EPP/CD
Wohlwend, Liechtenstein, EPP/CD
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SOC |
Socialist Group |