Venice Commission standards and the Romanian party system: imperative mandate and majoritarian tyranny

Since its founding in 1990, the Venice Commission has advised post-communist states, including Romania, on constitutional reforms. Although Romaniawas not a full member initially, it received guidance during the drafting of its firstdemocratic constitution. This research examines how well Romanian legislationaligns with the Commission’s standards on democratic governance and politicalparty regulation, identifying any gaps or inconsistencies. Given Romania’stotalitarian past, special focus is placed on protecting political opposition, freedomof expression within parties, and the limits of imperative mandates. The study useslegal analysis, case studies on political controversies and Constitutional Courtdecisions, and reviews from think tanks—especially following the 2015 politicalparty law reform. It concludes by proposing legislative directions to better alignRomania with European democratic norms.

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Publication Details

Journal
EURINT
Published
2025-12-29
DOI
https://doi.org/10.47743/eurint-2025-sba
Primary Topic
European Union Policy and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Venice Commission standards and the Romanian party system: imperative mandate and majoritarian tyranny

Iulia-Marilena Sbarcea
EURINT
European Union Policy and Governance
article

Venice Commission standards and the Romanian party system: imperative mandate and majoritarian tyranny

Iulia-Marilena Sbarcea
article en

Abstract

Since its founding in 1990, the Venice Commission has advised post-communist states, including Romania, on constitutional reforms. Although Romaniawas not a full member initially, it received guidance during the drafting of its firstdemocratic constitution. This research examines how well Romanian legislationaligns with the Commission’s standards on democratic governance and politicalparty regulation, identifying any gaps or inconsistencies. Given Romania’stotalitarian past, special focus is placed on protecting political opposition, freedomof expression within parties, and the limits of imperative mandates. The study useslegal analysis, case studies on political controversies and Constitutional Courtdecisions, and reviews from think tanks—especially following the 2015 politicalparty law reform. It concludes by proposing legislative directions to better alignRomania with European democratic norms.

EURINTVol. 12
National School of Political Science and Public Administration (RO)
Peace, Justice and strong institutions
Openalex Percentile: Top 17%
European Union Policy and Governance
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