1. Traian Basescu and PDL have broken the law no. 14/2003 concerning political parties.
Article 1. Political parties are associations of political nature of Romanian citizenswith the right to vote , participating freely in the training and exercising freely their political will, fulfilling a public mission guaranteed by the Constitution. They are public law entities.
Article 2. The work of political parties shall promote national interests and values, political pluralism, contribute to shaping public opinion, participate with candidates in elections and in forming a public authority and stimulate citizen participation to polls, according to law.
This last provision shows that the Democrat Liberal Party (DPL) has violated the law by declaring official boycott, especially since they had addressed the Constitutional Court before the referendum invoking the need for a solid majority in the popular consultation. The false and illegal commitment made PDL and by competitor Basescu is an essential element of judgment.
2. DPL has infringed the CC decisions of 10 July, 2012
"Participation in the referendum of the majority of voters included on the permanent electoral lists is an act of civic responsability, by which the electorate is to decide whether to sanction or not the President of Romania, with the possibility of dismissing or keeping hin in office".
This text in the CCR motivation was brouyght to the DLP attention before the referendum. However, DLP intentionally violated the CCR recommendation by triggering the boycott. Thus DLP urged to civic irresponsability, non-democratic and unconstitutional attitude, as shown in the above passage.
3. The Constitution of Romania (the supreme law) does not provide any threshold on the vote.
Article 2: Sovereignty
(1) National sovereignty resides with the Romanian people and is exercised through their representative bodies, as a result of free, regular and fair elections, as well as referendum.
(2) No group or person may exercise its own sovereignty.
4. CCR recognizes decline in population numbers
The number of voters registered on electoral lists is false. This is proved even by the CCR, in a motivation recently transmited to the Parliament.
In Decision No.. 682 dated 27 June 2012 amending the system of electing senators and deputies, CCR took this into account. CCR motivates its decision by the following argument: "the number of Deputies and Senators shall be established in accordance to the electoral law, in relation to the country population, which, according to the latest census, has decreased considerably".
