Constitutional Analysis of the Judgment of the Constitutional Court of Romania No. 32/2024 Annulling the Presidential Elections

This analytical approach aims at interpreting the reasoning of the CCR Decision no. 32 of December 6, 2024, which annuls the presidential elections, orders the resumption of the electoral process in its entirety and extends the mandate of the incumbent president until new elections are held and a new president is validated. Democracy is a fundamental element of the national constitutional order and of the European constitutional heritage, and the right to free elections is unanimously considered as the most profound expression of the organization of a democratic society (see also Decision No 242 of 3 June 2020, published in the Official Journal of Romania, Part I, No 504 of 12 June 2020, paragraph 105), being essential and determining for the democratic system. The right to vote and the right to be elected are crucial for establishing and maintaining the foundations of a genuine and effective constitutional democracy governed by the rule of law (see, mutatis mutandis, judgment of May 17, 2016, Karácsony and Others v. Hungary, paragraph 141), and are guaranteed by the Constitution. Thus, the Court holds that electoral rights are fundamental rights of a political nature, are a sine qua non of democracy and the democratic functioning of the State and are exercised in compliance with the requirements of the Constitution and the laws.