PUBLIC DOSSIER · POLITICS
PROPOSAL IN CONSULTATION · 21 AUGUST 2026
The Party Gate
From 3 to 100: who gets to start a political party?
On 21 August 2026, Romania's Permanent Electoral Authority put a draft law out for public consultation. It would raise the minimum number of founders from 3 to 100 and move the first review from Bucharest Tribunal to five-member AEP panels. For now, today's rule remains in place; the draft can still change or be withdrawn. Source S1
The number is visible. The gate is the question.
01 · PLACE THE NUMBER
A number needs its unit.
A hundred looks easy to compare with 3, 500 or 2,000. Parties do not enter public life through the same door. Some figures count founders. Others count members, signatures or votes. Put them in one line and you get apparent precision with the wrong answer.
Every number in the table comes with its unit. "No special numerical threshold" describes a party's legal birth. It says nothing about elections or the distribution of public money. Source S8 Source S10
02 · THE LAW'S MEMORY
The threshold has not moved in a straight line.
In less than two decades, Romania moved from 25,000 founders to 3. AEP now proposes 100. Between those numbers sits the Constitutional Court's 2015 decision, which left the choice of threshold to the legislature and drew a limit: the burden must be justified as proportionate. Source S3
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199610,000
Law no. 27/1996 S6
15 counties, with at least 300 founders in each
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200325,000
Law no. 14/2003 S3
18 counties and Bucharest, with at least 700 in each
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2015Court
Decision no. 75 S3
The Court found the old threshold excessive and disproportionate
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20153
Law no. 114/2015 S4
A party can start with three founding members
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2026100?
AEP draft S1
A proposed threshold and a new first reviewer
03 · THE CENTRAL MECHANISM
A party passes through more than one gate.
Starting a party answers one question: does the state recognise it? Then come the ballot, seats and public money. Each stage has its own threshold and its own decision-maker. Open a gate and see what it measures.
Open the panels. They remain usable with JavaScript off.
01 Legal existence Can you become a party recognised by the state?
This is where the number that started the debate sits. The current law starts with at least three founding members. The AEP draft asks for 100 and moves the first review from Bucharest Tribunal to five-member AEP panels. A challenge would go to the Bucharest Court of Appeal. Source S5 Source S1
ComparisonRomania: 3 now · 100 proposed · Croatia: 100 adults
02 Ballot access Can you compete in an election?
A party's birth and a candidate's entry into an election are different moments. In parliamentary elections, Romania requires 5% nationally or 20% in each of at least four constituencies. For the presidency, a candidate must bring 200,000 support signatures. Source S7 Source S8
ComparisonA registered party does not automatically reach the ballot.
03 Seats Can votes become representation?
Here, votes have to become seats. An organisation can exist legally and enter a contest without passing the threshold that produces representation. The founding number tells us about the party's beginning. An election result tells us about the support it has gathered. Source S7 Source S10
ComparisonA party's birth and its representation are measured separately.
04 Public money Can you receive public funding?
Subsidies follow a different logic. Romania's Law no. 334/2006 links them to votes and seats. The money question comes after the party exists and competes. A founding threshold cannot answer it on its own. Source S9
ComparisonA founding threshold is not a subsidy criterion.
04 · THE COMPARISON MAP
Countries put the threshold in different places.
The rows below align only the starting gate, where the sources describe it clearly. The "unit" column matters as much as the number. Source S10
| System | At the start | Unit | Who checks | What to keep separate |
|---|---|---|---|---|
| Romania · now | At least 3 | founding members | Bucharest Tribunal | Today's rule; elections have their own thresholds. S5 |
| Romania · AEP draft | 100 | eligible founding members; Romanian citizens with voting rights; representation of both sexes | AEP, through five-member panels; challenge at the Bucharest Court of Appeal | Proposal. The text is not law. S1 |
| Croatia | 100 | adult Croatian citizens with legal capacity | Ministry of Justice | The number matches. The conditions and institution differ. S12 |
| Germany | No special numerical threshold | founding under the association framework; the Party Act sets no number | Association framework; election notification is a separate stage | Birth without a numerical threshold does not remove electoral rules. S13 |
| Greece | At least 200 | citizens with voting rights signing the statute or founding declaration | Prosecutor at the Areios Pagos, where the declaration is filed | Founding threshold. Electoral stages are separate. S19 |
| Bulgaria | 500 + 2,500 | 500 founders; at least 2,500 members | Sofia City Court | Founding, maintaining membership and collecting election signatures are separate stages. S15 S18 |
| Lithuania | 2,000 | members; lists are monitored over time | Ministry of Justice and Register of Legal Entities | The register also checks membership over time. S16 |
05 · THE PROCEDURAL KEY
When the number changes, so does who holds the key.
Today, the first door is opened by a court. The draft puts the file on AEP's desk, where five panel members would examine it. A challenge would go to the Bucharest Court of Appeal. The threshold and the institution applying it arrive together.
Four questions worth asking
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01
What problem is the threshold meant to solve?
Are you trying to stop family parties, clone organisations or the use of public benefits? The threshold should show what problem it solves and why it fits.
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02
Why 100?
Foreign comparison helps when the numbers measure the same stage and the same category of people. Otherwise, it gives context, not justification.
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03
Why registration?
If the concern is ballot access or public money, why place the burden at the first gate? A more precise threshold may belong where the problem appears.
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04
What stays open to opposition?
Public criteria, written reasons, clear time limits, conflict-of-interest rules and judicial review that can repair a bad decision.
06 · WHAT REMAINS
The question that remains
Before asking how large the threshold is, ask which gate it guards.
A threshold deserves judgment alongside the problem it is meant to solve and the burden it places on pluralism. In the AEP draft, 100 arrives with a new registration procedure and sits before electoral tests that already exist.
The draft is in public consultation. The publicly reported timetable announces a debate on 27 August and comments until 20 September 2026. Read the reported timetable.
SOURCES · METHOD · LIMIT
Where the numbers come from
The reference date is 21 August 2026. The AEP text is a proposal in consultation. This comparison puts the same stage side by side where the sources allow it and keeps the rest separate. When a number cannot be checked against another number in the same category, the page says so.
How I made the comparison
- I started with Romanian legal texts and official sources for the countries compared.
- I kept founders, members, signatures, votes and seats separate. One score would have hidden the differences.
- When two figures appear for one country, I kept both and marked the missing stage.
Source register
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S1Source
Draft Political Parties Law
The text AEP published for consultation.
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S2Source
Document: AEP proposes a new Political Parties Law
The public summary and the reported timetable for debate and comments.
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S3Source
Constitutional Court, Decision no. 75/2015
The 25,000-founder rule and the Court's reasoning on proportionality.
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S4Source
Law no. 114/2015
The law that lowered the threshold to at least three founders.
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S5Source
Law no. 14/2003, consolidated text
The current rule in Article 19(3): at least three founding members.
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S6Source
Law no. 27/1996
The 1996 rule: 10,000 founders from at least 15 counties, at least 300 in each.
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S7Source
Law no. 208/2015
The thresholds for entering Parliament.
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S8Source
Law no. 370/2004
The rule for presidential candidacies: 200,000 supporters.
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S9Source
Law no. 334/2006
The criteria for subsidies linked to votes and seats.
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S10Source
OSCE/ODIHR, Opinion on Montenegro's Law on Political Parties
Comparative passage on registration thresholds. Greece appears among countries without special requirements compared with associations; its national rule must be read separately.
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S11Source
OSCE/ODIHR, Guidelines on Political Party Regulation
Calls for thresholds that are reasonable, justified and compatible with pluralism.
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S12Source
Croatia Ministry of Justice, party register
The founding rule: at least 100 adult Croatian citizens.
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S13Source
German Federal Returning Officer, founding a political party
The official guidance and Party Act set no special numerical minimum.
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S14Source
Hellenic Parliament, Constitution of Greece, Article 29
Protects the right of citizens with voting rights to found and join political parties.
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S15Source
Bulgaria Central Election Commission, Political Parties Act
The rules for founders, members and the party register.
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S16Source
Lithuania Ministry of Justice, political organisations
The 2,000-member rule and membership checks over time.
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S17Source
Telex, AEP proposal and reported comparison
Reports the figures used in the comparison around the AEP draft. It is a secondary source, used with the warning on this page.
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S18Source
Bulgaria Central Election Commission, Decision no. 4438-NS
Shows that election signatures are a stage separate from party formation.
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S19Source
Hellenic Parliament, Law no. 3023/2002, Article 29
Requires the statute or founding declaration to be signed by at least 200 citizens with voting rights and filed with the prosecutor at the Areios Pagos.