The Prefect’s duties regarding the organization and conduct of a local referendum

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

Regarding the content of the legal norm that establishes the responsibility of the commission appointed by the prefect only for the organization of the local referendum, corroborated with the fact that the county prefect is the one who decides to set up the commission for the referendum, the logical conclusion is that, at the time of the decision to set up the commission, the fulfilment of the two legal requirements, namely the number of applicants and the existence of reasons regarding deficiencies in the mayor’s functional activity, are already verified and established. The court establishes the existence of the prefect’s obligation to check the fulfilment of the legal requirements from the fact that the only the actual obligation to organize, in technical terms, the referendum is established as the responsibility of the commission.