De l’initiative populaire au référendum constitutionnel en Roumanie
De l’initiative populaire au référendum constitutionnel en Roumanie

Summary/Abstract: The myth of the sovereign people, who decides directly and without obstacles or intermediaries, finds its best expression in direct democracy. Decisions thus taken are perceived as having acquired a stronger legitimacy than those adopted by representatives of the same people, no matter how democratic were the procedures of appointment of these representatives, and how harmonious with the fundamental values of the society are the decisions adopted by these political representatives. The legitimacy of decisions taken directly by the people seems even stronger when their initiative comes from the people; this virtuous circle makes difficult the monitoring of compliance with rules and procedures during the decision-making process and the subsequent verification of the outcome of such a decision-making process against the values and principles posed by the same people as a limit to any common action. Nevertheless, such monitoring and verification are still necessary because deviations remain possible. Romania is providing an example of a possible instrumentalisation of a popular initiative that could end with a referendum, and whose course and outcome seem to escape any form of legal or democratic control.

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