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The 2009 consultative referendum – the achilles` heel of the 2013 constitutional revision process

The political context of the last year and the parliamentary elections which took place in December 2012, decisively won by an electoral alliance gathering two thirds of the parliamentary mandates, rekindled the topic of constitutional revision. In this\r\narticle, I shall present the revision procedure of the Romanian fundamental law, and also compare the constitutional revision procedures in 27 European Union (EU) member states. Moreover, I shall not discuss the potential changes which might be brought to the current text of the Constitution, but about one hypothetic event which might block or endanger the successful end of the constitutional revision process which has already commenced. Thus, the Romanian Constitutional Court might rule that a constitutional draft law which does not change the bicameral organization of the Parliament is unconstitutional; because it is not consistent with the “will of the people”, as it was expressed in the 2009 consultative referendum, when the vast majority of Romanians voted in favor of a unicameral Parliament.