The court yesterday decided to annull the entire electoral process, and not because of voter fraud, but strictly because of campaign finance violations. There is no such provision in that law or any other. The court did not "order that the second ballot be held on the second Sunday after the date on which the elections are annulled." - they ordered that the Government shall choose a new date, that candidates shall register a new etc. The next election will be, at the earliest, held in late February.
Also, article 2 was not followed in any way *. The current decision from the court was not based on any application to annul by any party whatsoever, the court convened of its own volition, based only on the declassified documents that appeared in the public sphere.
None of the other articles you quote give any such power. In fact, you'll see that the word "campaign" is not present anywhere in those articles. And yet the Court's decision is entirely based on problems they find related to said campaign.
* there was an application by two candidates to annull the first round of elections, those were investigated on Thursday and then Monday last week, and they were rejected. This new decision by the court is unrelated to that.
The court is the single highest authority on constitutional matters and can pretty much decide what they want to on these matters, as well as how they interpret the law, but this is the case with every high court everywhere and it boils down to "who watches the watchers?".
While the CCR is indeed preeminent in its interpretation of the law, it's every citizen's right to evaluate the law on their own and decide with their own mind if the courts are fair in their interpretations of the law. If the CCR came tomorrow and said that X will be the next president for the next five years because they are the best suited to do Y, I wouldn't have to accept their view as a fair reading of the law/Constitution. It's not like I'm claiming I have some right to block the Court's decision, I'm just saying that by my own mind they are in blatant disregard of the legal framework.
And even if they have a good excuse, the optics are very bad and potentially fatal for whatever is left of the trust in Romanian institutions.
> And even if they have a good excuse, the optics are very bad and potentially fatal for whatever is left of the trust in Romanian institutions.
Completely agree.
Given political support (with the exception of Lasconi) for the annulment, I expect that nothing will happen in the near future.
There is an allegation of foreign influence which has not been proven in a court of law.
IMO the court has acted beyond its mandate and only made things worse.
By the way, where is the report from SRI? The internet is full of newspapers which quote it, but don’t link to the original document. From those articles, there is no smoking gun against the candidate themselves. Just some guy which paid people on Tiktok, with no statement on that guy’s connection to the candidate.
[0] https://s.iw.ro/gateway/g/ZmlsZVNvdXJjZT1odHRwJTNBJTJGJTJG/c...
[1] https://s.iw.ro/gateway/g/ZmlsZVNvdXJjZT1odHRwJTNBJTJGJTJG/c...
[2] https://m.digi24.ro/stiri/actualitate/politica/klaus-iohanni...
While there is no smoking gun against the candidate, the declassified documents show that intelligence agencies believe a foreign state actor to have been involved in the candidate's TikTok campaign.
This is false. Law 370 20/09/2004:
Article 52
(1) The Constitutional Court shall annul an election if the voting and the determination of the results have taken place by fraud of such a nature as to alter the allocation of the mandate or, as the case may be, the order of the candidates eligible to participate in the second round of voting. In such a case, the Court shall order that the second ballot be held on the second Sunday after the date on which the elections are annulled.
(2) An application to annul the elections may be filed by political parties, political alliances, electoral alliances, organizations of citizens belonging to national minorities represented in the Council of National Minorities and candidates who participated in the elections, within 3 days after the close of the voting at the latest; the application must be substantiated and accompanied by the evidence on which it is based.
(3) The Constitutional Court shall decide on the application by the date stipulated by law for the public announcement of the election results.
Article 53
(1) The Constitutional Court shall validate the result of each ballot, ensure the publication of the election result in the mass media and in the Official Gazette of Romania, Part I, for each ballot and validate the election result for the elected President.
(2) The Validation Act shall be drawn up in three copies, one of which shall remain with the Constitutional Court, one of which shall be submitted to Parliament for the taking of the oath provided for in Article 82 para. (2) of the Constitution of Romania, republished, and the third shall be submitted to the elected candidate.
Translated with DeepL.com (free version)