PUBLIC LAW AND GOVERNANCE: ANALYZING THE IMPACT OF THE REFERENDUM THROUGH THE LENS OF THE CONSTITUȚIONAL COURT’S JURISPRUDENCE
PUBLIC LAW AND GOVERNANCE: ANALYZING THE IMPACT OF THE REFERENDUM THROUGH THE LENS OF THE CONSTITUȚIONAL COURT’S JURISPRUDENCE

Summary/Abstract: Referendum is a democratic instrument through which citizens can directly express their will on certain issues of public interest such as the amendment of the constitution, the dismissal of the President of Romania, issues of national interest, issues of local interest. The impact of the referendum in terms of case law can be analyzed as an expression of national sovereignty, decisions taken by referendum are considered legitimate. The effects of the decisions can significantly influence legislation, leading to constitutional or legislative changes and reflecting both the legitimacy of the popular will and the need to respect legal norms and protect fundamental rights. The Constitutional Court plays an important role in balancing these aspects. In view of the criticisms and challenges that have arisen over time regarding the organization, conduct and results of the referendum, a unified electoral and referendum regulation, respectively an electoral code, would create greater legislative stability and prevent some abuses or political interests from being exercised in this context.

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