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9 Vienna J. on Int'l Const. L. 612 (2015)
Constitutional Court of Romania: The Requirements for the Registration of a Political Party

handle is hein.journals/vioincl9 and id is 615 raw text is: Dorneanu / Safta, Constitutional Court of Romania Constitutional Court of Romania: The Requirements for the Registration of a Political Party Decision No 75 of 26 February 2015 (published in the Official Gazette of Romania, No 265 of 21 April 2015) Valer Dorneanu, Marieta Safta The Constitutional Court of Romania declared unconstitutional the provisions of Arti- cle 19 para 3 of the Political Parties Act No 14/2003, which covered one of the formal conditions for fulfilling the legal procedure for the registration of a political party, name- ly the requirement of a minimum of 25.000 founding members residing in at least 18 counties and in Bucharest, but not less than 700 persons for each of these counties and Bucharest. The Court held that this requirement is excessive, disproportionate in the current socio-political context of the country and to the measures in force targeting public funding of political parties and election campaigns and parliamentary representa- tion of the electorate. I. Facts of the Case In terms of Article 146 lit d of the Constitution, the Constitutional Court of Romania has been reffered to with the exception of unconstitutionality of the provisions of Arti- cle 19 para 1 and 3 of Law no 14/2003 on political parties, on the requirements for the registration of a political party, as follows: '(1) The list of supporting signatures must specify the purpose, the drafting date and place, and for supporters it must contain: the first and last name, date and birth, type of ID, series and number, personal identification code, as well as signature. The persons supporting the registration of a political party may be only citizen with the right to vote. (...) (3) The list must contain at least 25.000 founding members, residing in at least 18 state countries and in Bucharest, but no less than 700 persons for each of those countries and Bucharest.' As for the provisions of Article 19 para 3 of Law no 14/2003, it has been claimed that it leads to interference on the exercise of the freedom of association, as it is provided for in Article 40 of the Constitions and in Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The establishment of a representation limit both at national and regional level cannot be justified by invoking Article 8 para 2 of the Basic Law regarding the constitutional role of a political party as it may also be accom- plished without imposing a certain representation limit. @ Verlag Osterreich 612

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