Crossing the Floor in the Name of Intergovernmental Coordination: The Legislative Response to Party Switching in Romania

Abstract

Political parties play a vital part in the democratic governance of any state. At the same time, it is equally true that the politicization of public institutions may frequently appear as a destabilising factor in their activity, especially in the context of party switching among elected officials, arguably distorting the essence of representative democracy. While change of party allegiance stirs captivating political debates, Romanian legal literature is yet to conceptualize or operationalize it. This paper examines the legal rules concerning the mandate of elected officials at the local and central level, focusing on the freedom to change political affiliation. The authors argue that the ill-informed legislative response to party switching has a negative impact on intergovernmental relations at all levels and ultimately affects the activity of public authorities. While discouraged in an attempt to ensure the imperative mandate, party switching has, in practice, taken forms contrary to the legislative intent, especially at the local level. The authors conclude that party switching affects public trust in political parties, even if, at least declaratively, one of its root causes is the interinstitutional collaboration itself, as providing quality public services and solving complex issues in the public sector involve constant negotiation.