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Why do local referendums fail in new democracies: the Romanian example

Democracy
Political Participation
Referendums and Initiatives
Courts
Alexandra Alina Iancu
University of Bucharest
Alexandra Alina Iancu
University of Bucharest

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Abstract

Since the 1990s, local referendums have been used more frequently to improve citizen participation. The openness of the legal framework, party competition, and the availability of financial resources, along with political cultures, have become the main factors explaining local democracy and ‘successful’ referenda. While debates about citizens’ knowledge, illiberal tendencies, or social stratification biases in participation continue to challenge the idea that referendums can promote genuine forms of direct democracy, little attention has been given to analyzing initiatives that were blocked before they reached public consultation. My paper examines local-level referenda that were never actually held. By analyzing the patterns of real failed attempts to organize such consultations in Romania, the paper shows that, beyond relatively lenient national regulations, hidden political conflicts and conflicting judicial interpretations are the main reasons for the infrequent use of local referendums. Three case studies will illustrate the main obstacles to promoting grassroots deliberation: a. extensive constitutional rulings on the use of local referendums, b. the role of administrative courts and their unique interpretations, and c. the significant veto power held by local politicians through control of financial resources. The paper covers the period from 2004 to 2025 and traces local referendum efforts across different territorial units. Content analysis of news articles and court decisions will highlight the less visible gatekeepers of local participation.