Manuscript proposals: [email protected] / 0745 204 115 //// Tracking orders Individuals / Sales: 0745 200 357 / Orders Legal entities: 0721 722 783
EN 
Romana
6359.png "Editura Universitară")
Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added
![Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [1]](https://gomagcdn.ro/domains/editurauniversitara.ro/files/product/original/legea-pentru-alegerea-autoritatilor-publice-locale-comentata-si-adnotata-ed-a-ii-a-revizuita-completata-si-adaugita-792808.jpg "Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [1]")
![Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [2]](https://gomagcdn.ro/domains/editurauniversitara.ro/files/product/original/legea-pentru-alegerea-autoritatilor-publice-locale-comentata-si-adnotata-ed-a-ii-a-revizuita-completata-si-adaugita-513654.jpg "Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [2]")
![Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [0]](https://gomagcdn.ro/domains/editurauniversitara.ro/files/product/medium/legea-pentru-alegerea-autoritatilor-publice-locale-comentata-si-adnotata-ed-a-ii-a-revizuita-completata-si-adaugita-792808.jpg "Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [0]")
![Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [1]](https://gomagcdn.ro/domains/editurauniversitara.ro/files/product/medium/legea-pentru-alegerea-autoritatilor-publice-locale-comentata-si-adnotata-ed-a-ii-a-revizuita-completata-si-adaugita-513654.jpg "Law on the Election of Local Public Administration Authorities, commented and annotated, 2nd ed., revised and added [1]")
Publisher: Editura Universitară
Author: Mihai Cristian Apostolache
Edition: 2nd ed., revised and added
Pages: 464
Publisher year: 2025
ISBN: 978-606-28-2010-7
DOI: 10.5682/9786062820107
Product Code:
9786062820107
Do you need help?
0745 200 357
- Authors
- Content
- More details
- Reviews (0)
Foreword. Elections, the “Gordian Knot” of any democracy/7
Introduction/12
Title I. Election of local public administration authorities/46
Chapter I. General provisions/46
Chapter II. Organization of elections/95
Section 1. Electoral districts/95
Section 2 a. Polling stations/103
Section 3 a. Electoral register and electoral lists/105
Section 4 a. Electoral offices/125
Section 5 a. Candidacies/199
Section 6 a. Ballot papers/230
Section 7 a. Electoral campaign
Chapter III. Conduct of elections/278
Chapter IV. Establishment and verification of election results/305
Section 1. Establishment of voting results/305
Section 2 a. Verification of election results/320
Chapter V. Offences/370
Chapter VI. Transitional and final provisions/380
Conclusions/420
Bibliography /443
Introduction/12
Title I. Election of local public administration authorities/46
Chapter I. General provisions/46
Chapter II. Organization of elections/95
Section 1. Electoral districts/95
Section 2 a. Polling stations/103
Section 3 a. Electoral register and electoral lists/105
Section 4 a. Electoral offices/125
Section 5 a. Candidacies/199
Section 6 a. Ballot papers/230
Section 7 a. Electoral campaign
Chapter III. Conduct of elections/278
Chapter IV. Establishment and verification of election results/305
Section 1. Establishment of voting results/305
Section 2 a. Verification of election results/320
Chapter V. Offences/370
Chapter VI. Transitional and final provisions/380
Conclusions/420
Bibliography /443
Elections, the "Gordian knot" of any democracy
1.Premises.
A book is a universe that opens up horizons for you towards life, towards learning, towards spiritual and intellectual evolution. A book about elections, whether we refer to local or general elections, opens up horizons towards democracy. It helps it to consolidate, where it exists.
We now present the second edition of a work, unique, to our knowledge, which analyzes the provisions of Law no. 115/2015 on local elections. We did the same with the first edition and we are glad that it was well received, that it proved to be useful, as we are convinced that this one will be as well.
In the meantime, since the adoption of the law and the publication of the first edition, much has happened both in terms of legislation and in our individual and public existence.
We first consider the pandemic period, which affected not only the electoral process, the duration of mandates, but also the way in which the authorities elected by local communities, deliberative and executive, at local and county level, were organized and operated.
The year 2024 was one in which local and European parliamentary elections took place, on the same date of June 9. The attempt to combine the two types of elections had already existed in Romania, but the Constitutional Court considered it contrary to the Fundamental Law, only to then "change its mind" and assess that the elections can be combined.
As far as we are concerned, we have consistently spoken out in the sense of challenging these artifices, which are likely to vitiate the quality of the elections.
Equally, we have spoken out vehemently against legislative instability, which, regardless of the subject matter it targets, is harmful to public life and democracy. All the more so since it manifests itself in the field of electoral legislation, which is fundamental for any rule of law, which is abundantly reflected “in the European electoral heritage, developed through the practice of states, through jurisprudence, thanks to the European Court of Human Rights or stemming from the documents of the European Commission for Democracy through Law (Venice Commission)”, as the author of this work expresses in its introductory part.
The legislative fluctuation, as well as the deficient content of the legislation adopted in electoral matters, as well as its succession, led the Constitutional Court to adopt 24 decisions relating only to certain provisions of Law no. 115/2015, as we learn from the work we are prefacing.
We also draw attention on this occasion to the significance of art. 115 para.(6) of the Constitution, which lists certain restrictions and prohibitions, namely matters in which emergency ordinances are not allowed to regulate. Among these is the prohibition to affect the rights, freedoms and duties provided for by the Constitution, followed by electoral rights.
Considering that electoral rights are also fundamental rights, we could naturally consider that we are dealing with a redundancy. And yet, asking ourselves why the legislator wanted to mention them separately, the answer is that of the significance of these rights, which places them in a privileged position compared to others, which determined the constituent legislator to mention them separately.
And yet, we can see that it is "raining" with emergency ordinances, including in the field of electoral rights, which practically empties the constitutional norm of content.
2. The legitimacy of a new edition.
In such a legislative "jurisprudence", it is natural to feel the need for a new edition of Mr. Mihai Cristian Apostolache's work. It came on time, a year has passed since the last electoral cycle of local elections, things have settled down, legislation has also stopped, at least for a certain period, so it was time for analysis and "conclusions". Of criticisms that, nota bene, are constructive, not sterile, as happens too often in doctrine with more or less legitimate claims.
The last few years have unfortunately demonstrated a genuine "rage" of the legislator, in identifying solutions that are susceptible, many of them, to lack legitimacy. Through which the rulers seek, as always and everywhere, to achieve their interests as best as possible. The last month of last year brought for the first time in Romanian realities, cases of removal from the electoral race of some electoral competitors or the cancellation of a round of elections that, a few days ago, had been validated by the rejection of some contestations, after the recount of votes had also taken place. All of this generated reactions both at the level of public debate, of politicians, and of specialists, who, like the politicians, were divided into two categories: some who considered such "events" to be correct, legitimate, not to mention procedural or jurisprudential "incidents", and others who contested them, with more or less vehemence.
Although they do not expressly concern local elections, but rather those for the position of President, we mention them because of their novelty, but also because they create dangerous precedents, which could be extrapolated to the matter of local elections.
3. Strength and importance of the work
The value of this work thus results not only from the theoretical, doctrinal analysis of the legal provisions, but also from the reporting of these analyses to practical realities and, last but not least, from the solutions that are envisaged.
From this point of view, the author of this book combines in his professional personality a double structure: that of a theorist, of a researcher in the field of local public administration, which leads us to qualify him, "without grandiloquence", as our late professor Antonie Iorgovan would have said, as one of the "top" specialists in this field; that of a practitioner in public life, both at the level of local public administration and at that of some central public authorities, and we refer to the Parliament and the quality of parliamentarian that he fulfilled.
These are all arguments that lead us to argue that the second edition of this work is one that will not only enrich the doctrine, but will also be able to represent a true guide in the activity of all the "actors" involved in the electoral process.
The central idea, which runs like a true "red thread" through this book, is that which concerns "the need to adopt a complex act, that is, an Electoral Code, which would concentrate the entire electoral legislation regarding the election of the Chamber of Deputies and the Senate, the President of Romania, the elections for the European Parliament, as well as the election of local public administration authorities and whose common and special norms would allow the organization of a democratic, fair and transparent election, an aspect also emphasized by the Constitutional Court in its jurisprudence", as the author expresses it.
We can only hope that this desire will be fulfilled, and until this happens, we let you "dwell" on the pages of this book, inviting each of you to contribute, in the fields of activity, on the subject of electoral rights and the electoral process, as a whole.
Because it is a field to which each of us can contribute, understanding its significance for the lives of today's generations, but also of those to come. This is because the quality of public life, of communities, of present and future societies, is inextricably linked to the way in which elections are conducted and to the respect for the character of free, periodic and fair elections that the Constitution imposes.
A book is a universe that opens up horizons for you towards life, towards learning, towards spiritual and intellectual evolution. A book about elections, whether we refer to local or general elections, opens up horizons towards democracy. It helps it to consolidate, where it exists.
We now present the second edition of a work, unique, to our knowledge, which analyzes the provisions of Law no. 115/2015 on local elections. We did the same with the first edition and we are glad that it was well received, that it proved to be useful, as we are convinced that this one will be as well.
In the meantime, since the adoption of the law and the publication of the first edition, much has happened both in terms of legislation and in our individual and public existence.
We first consider the pandemic period, which affected not only the electoral process, the duration of mandates, but also the way in which the authorities elected by local communities, deliberative and executive, at local and county level, were organized and operated.
The year 2024 was one in which local and European parliamentary elections took place, on the same date of June 9. The attempt to combine the two types of elections had already existed in Romania, but the Constitutional Court considered it contrary to the Fundamental Law, only to then "change its mind" and assess that the elections can be combined.
As far as we are concerned, we have consistently spoken out in the sense of challenging these artifices, which are likely to vitiate the quality of the elections.
Equally, we have spoken out vehemently against legislative instability, which, regardless of the subject matter it targets, is harmful to public life and democracy. All the more so since it manifests itself in the field of electoral legislation, which is fundamental for any rule of law, which is abundantly reflected “in the European electoral heritage, developed through the practice of states, through jurisprudence, thanks to the European Court of Human Rights or stemming from the documents of the European Commission for Democracy through Law (Venice Commission)”, as the author of this work expresses in its introductory part.
The legislative fluctuation, as well as the deficient content of the legislation adopted in electoral matters, as well as its succession, led the Constitutional Court to adopt 24 decisions relating only to certain provisions of Law no. 115/2015, as we learn from the work we are prefacing.
We also draw attention on this occasion to the significance of art. 115 para.(6) of the Constitution, which lists certain restrictions and prohibitions, namely matters in which emergency ordinances are not allowed to regulate. Among these is the prohibition to affect the rights, freedoms and duties provided for by the Constitution, followed by electoral rights.
Considering that electoral rights are also fundamental rights, we could naturally consider that we are dealing with a redundancy. And yet, asking ourselves why the legislator wanted to mention them separately, the answer is that of the significance of these rights, which places them in a privileged position compared to others, which determined the constituent legislator to mention them separately.
And yet, we can see that it is "raining" with emergency ordinances, including in the field of electoral rights, which practically empties the constitutional norm of content.
2. The legitimacy of a new edition.
In such a legislative "jurisprudence", it is natural to feel the need for a new edition of Mr. Mihai Cristian Apostolache's work. It came on time, a year has passed since the last electoral cycle of local elections, things have settled down, legislation has also stopped, at least for a certain period, so it was time for analysis and "conclusions". Of criticisms that, nota bene, are constructive, not sterile, as happens too often in doctrine with more or less legitimate claims.
The last few years have unfortunately demonstrated a genuine "rage" of the legislator, in identifying solutions that are susceptible, many of them, to lack legitimacy. Through which the rulers seek, as always and everywhere, to achieve their interests as best as possible. The last month of last year brought for the first time in Romanian realities, cases of removal from the electoral race of some electoral competitors or the cancellation of a round of elections that, a few days ago, had been validated by the rejection of some contestations, after the recount of votes had also taken place. All of this generated reactions both at the level of public debate, of politicians, and of specialists, who, like the politicians, were divided into two categories: some who considered such "events" to be correct, legitimate, not to mention procedural or jurisprudential "incidents", and others who contested them, with more or less vehemence.
Although they do not expressly concern local elections, but rather those for the position of President, we mention them because of their novelty, but also because they create dangerous precedents, which could be extrapolated to the matter of local elections.
3. Strength and importance of the work
The value of this work thus results not only from the theoretical, doctrinal analysis of the legal provisions, but also from the reporting of these analyses to practical realities and, last but not least, from the solutions that are envisaged.
From this point of view, the author of this book combines in his professional personality a double structure: that of a theorist, of a researcher in the field of local public administration, which leads us to qualify him, "without grandiloquence", as our late professor Antonie Iorgovan would have said, as one of the "top" specialists in this field; that of a practitioner in public life, both at the level of local public administration and at that of some central public authorities, and we refer to the Parliament and the quality of parliamentarian that he fulfilled.
These are all arguments that lead us to argue that the second edition of this work is one that will not only enrich the doctrine, but will also be able to represent a true guide in the activity of all the "actors" involved in the electoral process.
The central idea, which runs like a true "red thread" through this book, is that which concerns "the need to adopt a complex act, that is, an Electoral Code, which would concentrate the entire electoral legislation regarding the election of the Chamber of Deputies and the Senate, the President of Romania, the elections for the European Parliament, as well as the election of local public administration authorities and whose common and special norms would allow the organization of a democratic, fair and transparent election, an aspect also emphasized by the Constitutional Court in its jurisprudence", as the author expresses it.
We can only hope that this desire will be fulfilled, and until this happens, we let you "dwell" on the pages of this book, inviting each of you to contribute, in the fields of activity, on the subject of electoral rights and the electoral process, as a whole.
Because it is a field to which each of us can contribute, understanding its significance for the lives of today's generations, but also of those to come. This is because the quality of public life, of communities, of present and future societies, is inextricably linked to the way in which elections are conducted and to the respect for the character of free, periodic and fair elections that the Constitution imposes.
Prof. univ. dr. VERGINIA VEDINAȘ
Full member of A.O.Ș.R.
President of I.S.A. "Paul Negulescu"
Full member of A.O.Ș.R.
President of I.S.A. "Paul Negulescu"
If you want to express your opinion about this product you can add a review.
write a review
Similar products
Public procurement. Theoretical and applied foundations - Ileana-Sorina Rákos
