I heard an analyst speaking full of “competence” last night, saying that the Constitution does not allow changes in the elections date and he agreed with the Prime Minister’s refusal to postpone the elections. It made me laugh, because a colleague and I have written these dispositions of the Constitution in 2008. Let’s close for good this ridiculous argument.

The Constitution does not define a date for the elections. The Constitution defines the rule that calculates only the end of the mandate, which is the date September 9^th, 2017 (Constitution, Article 65, Item 1).

The Constitution defines that the elections take place in the electoral period that precedes the end of the mandate, i.e. it precedes September 9^th. The Constitution defines that the electoral period is defined by the Electoral Code (Article 65, item 2). So, the only thing obliged by the Constitution is that the date of the elections is set before the end of the mandate. Period!

There are two electoral periods in the Electoral Code (so, in the Law, not in the Constitution): the spring period March 15^th - June 30^th and the fall period September 15^th – November 39^th. The President could set the date in one of the last two Sundays of the electoral period that precedes September 9^th (Electoral Code, Articles 8 and 9), so either 18 or 25 of July 2017. The President chose the date June 18^th. The date is simply legal, not constitutional. If the Code defined another period before September 9^th, the date would different than June 18^th.

If the parliament decides that for these elections or forever the electoral period will be in another time, now it can change the Code with only 84 votes and without changes to the Constitution. In addition, the parliament may set any Sunday up to September 3^rd as the elections date (because it is the last Sunday before September 9^th), only by changing the law and with no need to change the Constitution.

Can the elections be held after September 9^th? Yes! A simple transitory disposition that is much less uglier than the terrible annex that was approved for the Judiciary Reform and does not exist in any Constitution in the world would be enough.

When Rama wanted to postpone the elections in 2007, with the excuse of the birth certificates, the Code was changed in order to postpone the elections. The elections were scheduled on January 20^th 2007, the law that obliged the President to set a new date no later than February 20^th, 2007 was changed on January 13^th 2007. The President decreed the elections date on February 18^th 2007. If you do not remember, just look at the picture. Meanwhile, the Prime Minister and the analyst may read the above mentioned Articles and the Electoral Code.