Annulment of the Entire Presidential Election Process in Romania

The Constitutional Court of Romania has annulled the entire electoral process for the 2024 presidential election, citing significant violations of electoral law that undermined the integrity and fairness of the democratic process. This unprecedented decision mandates a complete restart of the electoral process.

Context and Legal Basis

The Court’s ruling is grounded in its constitutional role to ensure the adherence to democratic principles during presidential elections. Under Article 146(f) of the Romanian Constitution, the Court is tasked with overseeing the election procedure and confirming the results. This responsibility aligns with broader constitutional values such as the supremacy of the Constitution, the rule of law, and the protection of fundamental democratic principles.

Examining evidence presented during the Supreme Council of National Defense’s meeting on November 28, 2024, and subsequent declassified reports, the Court identified severe irregularities at all stages of the election. These included:

• Manipulation of voter choices through the unlawful use of digital technologies and artificial intelligence.

• Violations of campaign financing laws, including undeclared sources of funding.

• A lack of transparency in campaign activities, particularly online advertising.

  
  

Key Findings

Manipulation and Digital Interference

The Court noted that digital technologies and artificial intelligence were employed in ways that distorted voter perceptions and compromised the equal opportunities of candidates. These activities were neither transparent nor lawful, contravening the principles of free and fair elections.

Violations of Campaign Financing Rules

One candidate’s campaign budget was reported as 0 lei in official declarations, a claim directly contradicted by intelligence reports. Given the scale of the candidate’s campaign activities, this discrepancy highlighted a clear breach of transparency requirements, casting doubt on the legitimacy of the election process.

Broader Democratic Implications

The Court emphasized that democracy is a cornerstone of the Romanian constitutional order and the broader European constitutional framework. The right to free elections is fundamental to a functioning democracy, and any compromise to this right undermines the legitimacy of the state itself. By failing to uphold electoral transparency and fairness, the 2024 election process violated these essential principles.

Obligations of the State

The decision underscored the dual responsibilities of the Romanian state:

1. Prevent Interference: The state must safeguard electoral processes against undue influence, including organized disinformation campaigns.

2. Promote Transparency: Social media platforms must disclose political advertising data and sponsorships, ensuring that voters have clear and accurate information.

These measures are consistent with recommendations from the European Commission for Democracy through Law (Venice Commission) regarding the use of digital technologies and artificial intelligence in elections.

Court’s Decision

In light of these findings, the Court unanimously ruled to annul the 2024 presidential election and restart the entire electoral process. The ruling also invoked Article 83(2) of the Constitution, allowing the incumbent President to remain in office until a new President is elected and sworn in.

Implications

This landmark decision serves as a reminder of the importance of upholding democratic principles and ensuring the integrity of electoral processes. It highlights the need for stricter oversight of campaign financing and the role of digital technologies in elections. Moving forward, Romania faces the challenge of restoring public trust in its democratic institutions and ensuring a transparent, fair, and lawful election process.