Home > 1.2.3 Equality and national minorities > ROMANIA - Law on the Organisation and Conduct of the Elections to the European Parliament
 
 
 
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Article 43
 

(1) The electoral signs shall be set and communicated to the Central Electoral Bureau by each political party, political alliance, electoral alliance or organisation of citizens belonging to national minorities which participate in the elections, as well as by the independent candidates at least 60 days prior to the reference date. The electoral signs may not be contrary to the rule of law.


(2) The electoral signs communicated to the Central Electoral Bureau must be clearly distinct from one another, since the use of the same graphic signs is forbidden, irrespective of the geometrical figure which frames them. The political parties and alliances may use as electoral sign the permanent sign which they registered with at the Bucharest Tribunal.


(3) The electoral signs may not reproduce or combine the national symbols of the Romanian state, of other states, of the European Union, of international organisms or religious cults. However, the political parties which are members of international political organisations are an exception, and they may use the sign of the organisation in question as such or in a particular combination.


(4) The electoral sign used by a political party, political alliance, electoral alliance, organisation of citizens belonging to national minorities legally registered as of 1990 shall be rightfully its own, if it used it first, and may not be taken or used by another political party, political alliance, electoral alliance, organisation of citizens belonging to a national minority registered afterwards or by an independent candidate without the consent of those that owned it, namely the parties which joined the initial political alliance or electoral alliance.


(5) In the event that the same electoral sign is requested by several political parties, political alliances, electoral alliances, organisations of citizens belonging to national minorities which participate in the elections or independent candidates, the assignment shall be to the benefit of the political party, political alliance, electoral alliance, organisation of citizens belonging to a national minority or of the independent candidate who first registered the sign in question.


(6) Within 24 hours of the expiry of the time limit provided for in paragraph(1), the Central Electoral Bureau shall admit, by decision, the electoral signs which meet the conditions provided for in paragraphs (1)–(5), and shall reject by decision the electoral signs which do not meet such requirements.


(7) The petitions on the admission or rejection of the electoral signs shallbe submitted in writing to the Bucharest Tribunal within 24 hours at the latest of the expiry of the time limit provided for in paragraph (6), and shall be settled by it within two days at the latest of the petition registration. The judgement shall be final and shall be communicated to the petitioners and to the Central Electoral Bureau within 24 hours at the latest.*


(8) The Central Electoral Bureau shall see to making public the admitted electoral signs on the day after the expiry of the time limit provided for in paragraph (6) or, where appropriate, of the time limit provided for in paragraph (7), by publishing on its web page and in the Official Gazette of Romania, Part I.


(9) The political alliance or the electoral alliance which participated in theprevious elections under a denomination may keep it unless it did not change the initial composition or none of the political parties which left the alliance declares that the denomination in question may not be used by the alliance in question in its new composition. Also, the denomination in question may not be used by another political alliance or electoral alliance.


(10) The political parties, organisations of citizens belonging to national minorities, political alliances, electoral alliances, and independent candidates may participate in the elections without any electoral sign.


* Entered into force on 15 February 2013 according to Law No. 76/2012 for the enforcement of Law No. 134/2010 on the Civil Procedure Code, published in the Official Gazette of Romania, Part I, No. 365 of 30 May 2012, with the subsequent amendments.