The procedure for the impeachment of Nicușor Dan, “initiated”, announces an opposition party

The SOS Romania party, founded and led by MEP Diana Ivanovici Șoșoacă, announced that it “initiated the political and constitutional procedure” for the removal of Nicușor Dan from the position of president.

“SOS Romania believes that Romania can no longer be held captive by a regime that ignores the will of the people, deepens the political and economic crisis and defies the national interest. SOS Romania's approach is firm, assumed and necessary,” according to an announcement made by the party's press office and published on Diana Șoșoacă's Facebook page.

“We will not allow this initiative to be politically confiscated by other parties that mimic the opposition just for the sake of public image. After the fall of the Government, the Cotroceni will follow”, the press release states.

In another statement, published on the website of the political formation, it is stated that the party will ask the opinion of the citizens regarding the request for the suspension of Nicușor Dan.

“After the collapse of the Bolojan Government through the historic vote of no confidence, the SOS Romania Party announces the opening of a new political stage and launches a broad public consultation on the suspension of the President of Romania, Nicușor Dan”, according to the statement.

“The results of the launched consultation will be centralized by the party structures and will form the basis of the political position that SOS Romania will adopt in the coming period regarding the initiation of parliamentary procedures to suspend the President of Romania through SOS Romania parliamentarians sent to Parliament by Romanian citizens”, according to the quoted source.

The predecessor Traian Băsescu. Twice suspended but never fired

In Romania, there are two precedents for triggering this procedure, each time it was about Traian Băsescu. He was twice suspended from office by Parliament five years apart in 2007 and 2012, but both referendums to remove him were invalidated.

The two referendums for the dismissal of Traian Băsescu were organized based on the law that provided for the presence at the polls of at least 50% of the number of people with the right to vote.

The referendum law was then amended, so that the referendum is validated if at least 30% of the number of people registered in the permanent electoral lists participate in it, compared to 50% plus 1, as was provided before.

The result of the referendum is validated if the options validly expressed represent at least 25% of those registered on the permanent electoral lists.

How can the president of Romania be suspended. What the Constitution says

The President can be suspended from office by a vote of the Parliament and dismissed by a referendum.

The procedure is provided by Article 95 of the Constitution:

(1) In case of committing serious acts that violate the provisions of the Constitution, the President of Romania may be suspended from office by the Chamber of Deputies and the Senate, in a joint meeting, with the vote of the majority of deputies and senators, after consulting the Constitutional Court. The President can give explanations to the Parliament regarding the facts attributed to him.

(2) The proposal for suspension from office can be initiated by at least one third of the number of deputies and senators and is brought to the attention of the president without delay.

(3) If the suspension proposal is approved, within 30 days at most, a referendum is organized to dismiss the president.

The Constitution also provides, in article 98, who takes over the interim if the president of the country is suspended:

“If the position of president becomes vacant or if the president is suspended from office or if he is temporarily unable to exercise his duties, the interim is ensured, in order, by the president of the Senate or the president of the Chamber of Deputies.”

How to organize and validate the referendum to dismiss the President of Romania

The national referendum can be organized in three situations, according to the law:

• a) revision of the Constitution;
• b) the dismissal of the President of Romania;
• c) issues of national interest.

The referendum for the dismissal of the President of Romania is mandatory and is established by a decision of the Parliament, under the conditions provided for in art. 95 of the Constitution.

Citizens participating in the referendum have the right to say “YES” or “NO” to the following question written on the ballot: “Do you agree with the dismissal of the President of Romania?”.

All Romanian citizens who have reached the age of 18 up to and including the day of the referendum have the right to participate in the referendum, with the exception of the mentally retarded or the mentally retarded, as well as the persons sentenced by a final court decision to lose their electoral rights.

The referendum is valid if at least 30% of the number of people registered in the permanent electoral lists participate in it.

The result of the referendum is validated if the options validly expressed represent at least 25% of those registered on the permanent electoral lists.