Codification of the electoral law. A necessary step for modernizing and alignment of the legislation to the principles of rule of law Cover Image
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Codificarea dreptului electoral. Un demers necesar de modernizare a legislaţiei şi aliniere la principiile statului de drept
Codification of the electoral law. A necessary step for modernizing and alignment of the legislation to the principles of rule of law

Author(s): Luca Ciubotaru
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Security and defense, Electoral systems
Published by: C.H. Beck Publishing House - Romania
Keywords: Electoral code; codification; legal certainty; stability of legislation; substantial codification; Venice Commission; international standards; electoral law in Romania;

Summary/Abstract: Given the importance of regulated social relations, electoral law has a special place in the legal system. The current article develops the necessity and implications of a thorough process of codification of the electoral law in Romania, able to make the electoral legislation more effective and consolidate the principles of predictability and clarity of the legislation. After mentioning the process of electoral codification from a historic perspective, the article develops the characteristics of a substantial codification. Regarding the principle of legal certainty, the analysis of the frequency of the amendments to the electoral legislation and the international standards in this area represent additional arguments for the codification of the electoral law. The article develops the rules of procedure applicable to the process of electoral codification, the options that the public authorities have, and, in the end, the current initiatives and their status. In the field of electoral law, where the regulated social relations are related to the instauration, maintaining and the exercise of state power, the principle of legal certainty has a special significance, as the stability and the coherence of the legislation are not only dimensions of the quality of law, but also coordinates of the citizens’ trust in every election. For these reasons, the arguments for a codification of the electoral law are valid and actual.

  • Issue Year: XX/2021
  • Issue No: 2
  • Page Range: 65-71
  • Page Count: 7
  • Language: Romanian