Legislative Delegation in the Aftermath of the 2019 Consultative Referendum
Legislative Delegation in the Aftermath of the 2019 Consultative Referendum

Summary/Abstract: Shortly after the validation by the Romanian Constitutional Court of the 26 May 2019 consultative referendum`s results, both the representatives of the parliamentary majority and of the parliamentary opposition pushed forward two constitutional draft laws aiming at implementing the validated `will of the people`. The Constitutional Court had to analyze if these draft laws were in line with the constitutional limits of the constitutional revision process. In doing so, it adopted by unanimity two decisions which tempered and quite blocked for the time being the adoption of a poorly undocumented and badly executed constitutional revision attempt. I shall split my argument into three parts. First, I shall discuss the constitutional limits of the legislative delegation as they were regulated in the Constitution and explained in the debates of the Constituent Assembly. Second, I shall criticize the use of consultative referendum as a tool to promote circumstantial electoral and political needs which eventually are translated into poorly evaluated and fallacious constitutional draft laws. Third, I shall synthesize and analyze the critical arguments of the Constitutional Court regarding the two constitutional draft laws about those provisions which referred only to the legislative delegation`s constitutional mechanism.

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