Law of Romania on Political Parties (2003) (English)
Law on political parties
The text of the document published in the Official Gazette No. 25/17 of January 2003.
The Parliament of Romania adopts the present law.
CHAPTER I
General provisions
Art. 1. - Political parties shall be associations of political nature of the Romanian citizens, with the right to vote, participating freely in the formation and exercise of their political will, and fulfilling a public mission warranted under the Constitution. They shall be legal persons under the public law.
Art. 2. - In their activity, political parties shall promote the national interests and values as well as the political pluralism, contribute to the formation of public opinion, participate with candidates in elections, and in the constitution of public authorities and stimulate the participation of citizens in the polls, according to the law.
Art. 3. - (1) There may function as political parties only associations of political nature, constituted according to the provisions of the law, and which take action for the observance of national sovereignty, of the unity and independence of the State, of territorial integrity, of the rule of law and of the principles of constitutional democracy.
(2) Political parties which, by their statutes, programmes, ideatic propaganda, or by other activities they organize, violate the provisions of Article 30, paragraph (7), Article 37, paragraph (2) or paragraph (4) under the Constitution shall be prohibited.
(3) Political parties affiliation with organizations from abroad, if such an affiliation violates the provisions provided for in paragraph (1) shall be prohibited.
(4) Political parties cannot organize military or paramilitary activities, nor any other activities forbidden by the law.
Art. 4. - (1) Political parties are organized and function according to the administrative-territorial criterion.
(2) Any establishment of structures of political parties according to the criterion of the work place, as well as conducting political activities in the economic or public institutions is forbidden.
(3) Conducting political activities in the economic or public institutions is allowed, with their consent only during the electoral campaign, under the law.
(4) Regional organizations of political parties can organize their structures which will deal with issues specific to a particular social or professional category.
Art. 5. - (1) Each political party must have its own full name, abridged name and distinguishing sign. The full name and the abridged form as well as the distinguishing mark of a political party must be clearly distinct from those of previously registered parties, the use of similar graphic symbols being forbidden, whatever the geometric figure in which they are included.
(2) The provisions under paragraph (1) shall apply accordingly political alliances, too.
(3) The full name and the abridged name, as well as the distinguishing sign may not reproduce or combine the national symbols of the Romanian State, or of other states, of international bodies, or of religious cults. Political parties members of certain international political organizations shall be excepted from the previous rule, as they may use the distinguishing sign of the respective organization as such or in a specific combination.
(4) The permanent sign can be changed with at least 6 months before the election date, by the competent bodies of the party, according to its statute and in accordance with art. 25 and 26.
CHAPTER II
Members of political parties
Art. 6. – Members of political parties may be the citizens, who, according to the Constitution, have the right to vote.
Art. 7. – Persons to whom political association is prohibited by law cannot be members of political parties.
Art. 8. - (1) A Romanian citizen may not belong simultaneously in two or more political parties.
(2) The registration of a person in another political party constitutes his/her legal resignation from the party in which he/she was previously a member.
(3) When being registered in any political party, a person is obliged to declare in writing, on oath, whether or not he/she is a member of another political party.
(4) Members of national organizations of citizens that belong to national minorities who register candidates for election may be part of a political party, having the right to candidate as provided by the law.
(5) No person may be compelled to join or not to join a political party.
(6) Acquisition and loss of membership of a political party does not create privileges or limitations on the exercise of citizenship rights.
CHAPTER III
Organization of political parties
Art. 9. - Each political party must have its own statutes and political programme.
Art. 10. - The statute of a political party shall compulsorily include:
a) the full and abridged name,
b) the description of the permanent sign,
c) the permanent sign in white-black graphic form and in color, in attachment,
d) the central seat,
e) an express mention that it follows up political objectives only.
f) members' rights and duties,
g) party penalties and procedures by which they can be applied to members,
h) election procedure of the executive bodies and their competences,
i) the competence of the general assembly of members or of their delegates,
j) the bodies empowered to put up nominations at local, parliamentary, and presidential elections,
k) the competent body to propose reorganization of the party or to decide mergers in a political alliance or other forms of association,
l) conditions under which it shall cease its activity,
m) mode of administration of the patrimony, and financing sources established under the terms of the law,
n) the representative body of the party in relations with public authorities and third parties,
o) other obligatory provisions of the present law.
Art. 11. - The statute and the political programme of the party shall have to be presented in written form and approved by the statutorily empowered bodies.
Art. 12. - (1) As subdivisions, political parties may have territorial organizations, according to the administrative organization of the country, with a minimum number of members provided by the statutes.
(2) The local bodies may represent the political party in relation with third parties at the corresponding local level, they may open bank accounts and account for their management.
Art. 13. - (1) The general assembly of members and the executive body, irrespective of the name they have in the statute of each party, shall be compulsorily leading authorities of the political party and of its territorial organizations. The leaderships of the territorial organizations shall be elected for a period determined and provided by the statutes.
(2) The statutes may provide other bodies, with explicitly formulated tasks.
Art. 14. - (1) The general assembly of members of the political party or of their delegates shall be the supreme decisional body of the party at national level. Its convention shall take place at least once every four years.
(2) Delegates at the assembly shall be elected by the territorial organizations by secret ballot. Their number shall be established as a function of the number of members. Their nomination and election procedures shall be provided under the statutes.
Art. 15. - (1) For the settlement of conflicts between members of a political party, or between them and the leaderships of the party's organizations, arbitrage committees shall be constituted at party level and at that of its territorial organizations.
(2) Members of the arbitrage body shall be elected for a duration of not more than four years.
(3) The arbitrage committee body is organized and functions according to regulations approved by the statutory body, which shall provide the right of the parties to be heard and the right to defense, as well as equitable decision procedures.
Art. 16. - (1) Empowered bodies of the political pairty shall decide the acceptance of members under the terms established by the statutes, as a result of the written requests submitted by the applicants.
(2) Members shall have the right to resign from the party at any time with immediate effect.
(3) Acquisition of loss of membership in a political party is subject only to the internal jurisdiction of the respective party, according to the statute of the party.
Art. 17. - (1) Decisions of the political party and of its territorial organizations shall be adopted by the vote of a majority provided under the statutes.
(2) The election of members of the leadership of the political party and of the leaderships of its territorial organizations shall be made by secret ballot.
(3) The statutes shall provide each member's right to political initiative and the possibility of its examination within an organized framework.
CHAPTER IV
Registration of political parties
Art. 18. - (1) The application for the registration of a political party shall be lodged with the Tribunal of the Municipality of Bucharest, accompanied by:
a) request for registration, signed by the leader of the executive body of the political party and by at least 3 founding members, who will be called in court;
b) the statute of the party, elaborated in accordance with art. 10;
c) the programme of the party;
b) the constitution deed together with the list of supporting signatures of founding members;
d) a declaration with regard to the seat and patrimony of the party;
e) proof of the opening of the bank account.
(2) The registration application shall be posted up at the seat of the Tribunal of the Municipality of Bucharest for a period of fifteen days.
(3) During 3 days from the date of submitting the registration request, the announcement related to this shall be made public in a central paper of high circulation.
Art. 19. – (1) The list of supporting signatures shall specify the subject matter, date and place of preparation and for supporters must include full name, birth date, address, ID type, its serial number, personal identification number and signature. Supporters for registering a political party can be only citizens who have the right to vote.
(2) The list shall be accompanied by an affidavit of the person who prepared it, attesting the authenticity of signatures, under the sanction provided by Art. 292 of the Criminal Code.
(3) The list must include at least 25,000 founding members residing in at least 18 counties and in Bucharest municipality, but not less than 700 people for each of these counties and Bucharest municipality.
(4) Each list will include people from a single location. The lists will be grouped by towns and counties, in order to check the provisions of paragraph (3).
Art. 20 - (1) The Tribunal of the Municipality of Bucharest shall examine the registration application of the political party in a public sitting, with participation of the representative of the Public Ministry.
(2) Interested natural or legal persons may intervene in the action at law if they hand in an application of intervention in their own interest according to the Code of civil procedure. The application of intervention shall be communicated ex officio to the people having signed the registration application.
Art. 21. - (1) The Tribunal of the Municipality of Bucharest shall deliver judgment on the registration application of the political party within not more than fifteen days after expiry of the term provided under Article 18, paragraph (2).
(2) Against the decision of the Tribunal of the Municipality of Bucharest, an appeal can be made at the Bucharest Court of Appeal within five days after the communication by persons provided for in art. 18 para. (1) letter a), the Public Ministry or persons provided for in art. 20 para. (2).
(3) The Bucharest Court of Appeal shall examine the appeal in a public sitting within not more than fifteen days after its registration.
(4) The decision of the Bucharest Court of Appeal shall be final.
Art. 22. - The political party acquires legal personality as from the date when the final decision of the court with regard to the admission of the application of registration was delivered.
Art. 23. - The political parties whose registration applications were admitted shall be inscribed in the Register of political parties.
Art. 24. - (1) Political parties are required to submit to the Bucharest Tribunal:
a) documents certifying the conduct of general meetings within 30 days from the date thereof;
b) documents from the competent electoral authorities on nominations for election within 30 days after the election.
(2) Documents referred to in para. (1) at the Bucharest Tribunal shall be recorded in the Register of political parties.
Art. 25. - (1) The modification of the statutes or of the programme of the political party can be made under the terms provided by the statutes.
(2) Any modification shall be communicated to the Tribunal of the Municipality of Bucharest within 30 days from the date of adoption, as provided in art. 18 paras. (2) and (3). The Bucharest Tribunal examines it according to the procedure provided in art. 20 and 21.
Art. 26. - (1) If changes are not notified according to art. 25 para. (2) or if the court rejected a declaration of change status and political party concerned will act as statutes, the Public Ministry shall solicit the Tribunal of the Municipality of Bucharest to stop the activity of the party and strike it off the Register of political parties.
(2) The Tribunal of the Municipality of Bucharest shall deliver judgment on the request of the Public Ministry within fifteen days after its registration.
(3) Against the resolution of the Tribunal of the Municipality of Bucharest an interested party may lodge an appeal with the Bucharest Court of Appeal within five days after the communication of the resolution.
(4) The Bucharest Court of Appeal shall deliver judgment within fifteen days after the registration of the appeal, and its resolution shall be final and irrevocable.
(5) The final and irrevocable decision to admit the modification of the statute is published in the "Monitorul Oficial" (Official Journal of Romania), Part IV.
Art. 27. - Each pre-election year political parties are required to update their lists of members, by observing the requirements of Art. 19 para. (3) and (4). Updated lists will be submitted to the Bucharest Tribunal until December 31 of that year.
CHAPTER V
Association of political parties
Art. 28. - (1) Political parties may associate one with another based on an association protocol, constituting a political alliance.
(2) In the protocol of association political parties in a political alliance must indicate full name and abbreviated name of political alliance and the political party components, permanent symbol of the alliance, the alliance aims, the organization and policy makers.
(3) The provisions of art. 5 (4) shall apply accordingly.
(4) The permanent symbol of political alliance may be one of its own or can be taken from political party components.
Art. 29. - (1) For registration of political alliance at the Bucharest Tribunal the following documents shall be submitted:
a) the registration request of political alliance, signed by the executive component of political parties;
b) Association Protocol;
c) the full name and abbreviated name of political alliance;
d) description of the permanent sign;
e) permanent symbol as black and white and color graphics in the Annex to the Protocol.
(2) The procedure laid down in Art. 18 para. (2) and (3) shall apply accordingly.
Art. 30. – (1) For political alliances art. 20 to 22 shall apply accordingly.
(2)Political alliances whose applications for registration were admitted are entered in the Register of political alliances.
Art. 31. – In case when the political alliance with present common lists at elections, candidates must be part of a political party which is an alliance member.
Art. 32. - (1) Political parties and political alliances may constitute other forms of association with non-party formations for the purpose of promoting some common objectives.
(2) The constitution protocol of the forms of association provided under paragraph (1) shall mention the name, distinguishing mark, if such be the case, allied organizations, objectives of the association, mode of organization and factors of decision and shall be lodged with the Tribunal of the Municipality of Bucharest in order to be inscribed into the Register of other forms of association of the parties.
Art. 33. - Political parties members of political alliances or other forms of association retain their legal personality and own patrimony.
Art. 34. - Any change in the composition of political alliance or association protocol shall be communicated at the Bucharest Tribunal for registration, pursuant to art. 28 and 29.
Art. 35. - The objectives of the political alliances and of other forms of association of the parties as well as their mode of organization shall have to be in conformity with the provisions under Article 3 of the present law.
Art. 36. - If none of the political parties participating in elections has not obtained an absolute majority in parliament, political parties with parliamentary representation can form coalitions to ensure government. Coalitions are not subject to registration and incorporation protocol will contain only provisions to ensure government and parliamentary support.
CHAPTER VI
Reorganization of political parties
Art. 37 - (1) A legally constituted political parties can proceed with reorganization.
(2) Reorganization may consist of merging by acquisition or merger, division in total or partial.
Art. 38. - (1) Merging two or more parties legally established is realized by approving the merger protocol by the supreme bodies of each party under Art. 14, in their joint meeting.
(2) The merging protocol will specifically mention the arrangements for the transfer of sums, property and contracts held by the merged parties, and the procedure for securing continuity in party seniority of members of political parties merging.
(3) The protocol provides for the amalgamation type: by acquisition or merger.
Art. 39. - (1) In case of consolidation by acquisition, political party retains legal personality, by replacing itself into the rights and obligations of acquired parties, which cease their activity, including by cumulating their subsidies. The consolidation protocol will specify which merging party retains legal personality, with the result of keeping full name, the abbreviated name, the permanent sign and electoral and political program.
(2)The merger protocol and, where appropriate, changes to the status of the party which retains its legal personality shall be notified within 10 days of their adoption, to the Bucharest Tribunal, following the procedure laid down in Art. 25 and 26.
(3) Absorbed political parties will be removed from the register of political parties.
Art. 40. - (1) After consolidation by merger of political parties a new political party results, which replaces into the rights and obligations of political parties that have merged and, within 10 days, must comply with provisions of art. 18, except for submitting the list of signatures of support.
(2) The full name, abbreviated name, permanent sign, sign of the new electoral and political party program may be new or may originate from one or more of the parties involved in the merger.
(3) Bucharest Tribunal will examine documents submitted by political party formed by fusion, according to art. 20-22.
(4) Following the irrevocable decision of the court, the registration of new party resulted from the merger, the latter will be entered in the register of political parties and parties that did the amalgamation will be removed.
Art. 41. - (1) A legally constituted political party is split by the decision of its supreme decision-making body, referred to in Art. 14.
(2) The division may be total or partial.
(3) Registration of party or parties resulting from division is made according to art. 18-21.
(4) Any changes in the party retaining its legal personality be notified within 10 days of the division to the Bucharest Tribunal, following the procedure laid down in Art. 25 and 26.
Art. 42. - (1) The division consists of dividing the total of all assets of a political party which is terminated by two or more parties which arise as existing.
(2) In case of total division, through the decision of upholding the application for registration of the last party that comes into existence, the erasing of the divided party from the Register of political parties will realized.
Art. 43. – Partial division consists of detachment of part of the patrimony of a political party, which retains its legal personality, and sending this part to one or more parties that exist or are established in this way.
CHAPTER VII
Cessation of the activity of political parties
Art. 44. - A political party shall cease its activity by:
a) dissolution, through decision pronounced by the Constitutional Court, for violating art. 37 paras. (2) and (4) of the Romanian Constitution;
b) dissolution, through judgment pronounced by Bucharest Tribunal;
c) self-dissolution, decided by competent bodies provided in the statute;
d) reorganization, in cases provided in art. 39 para. (3), art. 40 para. (4) or art. 42 para. (2).
Art. 45. - Constitutional Court decides on complaints related to the constitutionality of a political party, under art. 30 para. (7), Art. 37 para. (2) and (4) and Art. 144 points. i) of the Constitution, with the procedure laid down in Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished.
Art. 46. - (1) A political party is dissolved by the court in following conditions:
a) when it is found in violation of Art. 30 para. (7) and art. 37 para. (2) and (4) of the Constitution by the Constitutional Court and art. 3. (3) and (4) of this law;
b) when the purpose or political party activity has become unlawful or contrary to public policy;
c) when achieving the purpose of political party is realized unlawful means or contrary to public policy;
d) when the party has a different purpose other than that resulting from statute and its political program;
e) as a result of its inactivity found by the Bucharest Tribunal according to Art. 47 para. (1);
f) following the non-observance of the provided in article 1 and 2 found by the Bucharest Tribunal according to Art. 48;
g) as a consequence of the application of Art. 26.
(2) An application for dissolution is addressed to the Bucharest Tribunal by the Public Ministry and is solved according to rules of procedure laid down in Art. 26 para. (2) - (5).
Art. 47. - (1) Inactivity of a political party can be seen in the following situations:
a) did not hold a general meeting for five years;
b)did not nominate candidates, alone or in alliance, in two successive parliamentary election campaigns, in at least 18 constituencies.
(2) For the political party found in any of the situations referred to in para. (1) the Bucharest Tribunal, at the request of the Public Ministry, will determine the termination of its existence, according to the rules of procedure laid down in Art. 26 para. (2) - (4).
Art. 48. - (1) Failure to fulfill the goals set for a political party, according to art. 1 and 2, can be seen when one political party does not obtain in two successive general elections a minimum number of votes.
(2) The required minimum number to fulfill the conditions laid down in Art. 1 and 2 is at least 50,000 votes at national level, for candidatures submitted in any of the following polls: county councils, local councils, the Chamber of Deputies, Senate.
Art. 49. - Documents relating to self-dissolution of a political party shall be submitted, within 10 days, at the Bucharest Tribunal, to be erased from the Register of political parties.
Art. 50. - Upon receipt of documents relating to political parties that meet any of the situations referred to in Art. 44, the Bucharest Tribunal will proceed immediately to their removal from the register of political parties.
CHAPTER VIII
Keeping record of political alliances and political parties
Art. 51. - (1) The Register political parties is the legal instrument of record of political parties in Romania.
(2) The institution with the right to operate in the register of political parties is only the Bucharest Tribunal.
(3) Data from the Registry of political parties are considered public information.
(4) The registration and deletion of political parties, made in the register of political parties, are published in the Official Gazette, Part I.
Art. 52. - (1) Register of political alliances is the legal instrument for keeping record of political alliances.
(2) The provisions of art. 51 para. (2) - (4) shall apply accordingly.
CHAPTER IX
Final and transitory provisions
Art. 53. - (1) Political parties existing at the date of the coming into force of the present law shall continue to function on the basis of the legal deeds of registration valid at the date of setting up.
(2) Within six months after the coming into force of the present law, the existing political parties shall comply with its provisions, following the legal procedure established under Articles 18-21, under the sanction to be deleted from the Register of political parties.
(3) The term of six months foy inscription is a limitation term.
Art. 54. - (1) The name of a political party, its symbol and electoral sign used by it after 1990 belongs to it by right if it was the first to use them, and may not be appropriated by other political parties.
(2) In the redaction of the present law, the expression permanent sign replaces the expression sign of the party used in the Law on political parties no. 27/1996.
(3) Provisions under paragraph (1) shall also apply to political alliances, under the terms of the electoral law.
(4) After the period provided in Art. 53 para. (2), parties and political alliances will only use the full name and abbreviated name and registered permanent sign at the Bucharest Tribunal, both current activity and during elections.
Art. 55. - The organizations of citizens belonging to the national minorities participating in elections shall be obliged to observe, correspondingly and if such be the case, the provisions of the present law, except art. 6, art. 10 letter e), art. 12 para. (1), art. 18, 19, 27, art. 46 para. (1) letter e) f), art. 47, 48 and 53. .
Art. 54. - The Law on political parties No. 27/1996, published in the Official Gazette, Part I, no. 87 from 29 April 1996, with modifications, shall be abrogated, with the exception of Chapter VI – Financing of the political parties.
This law has been adopted by the Chamber of Deputies in its session of 26 November 2002, by observing the provisions of art. 74 para. (1) and art. 77 para. (2) of the Romanian Constitution.
Bucharest, 9 January 2003.
No. 14