REJET DE CANDIDATURES À L’ÉLECTION PRÉSIDENTIELLE POUR CAUSE DE « COMPORTEMENT ANTIDÉMOCRATIQUE »: AFFIRMATION DE LA DOCTRINE DE LA DÉMOCRATIE MILITANTE DANS LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE ROUMAINE?
REJECTION OF CANDIDATES FOR THE PRESIDENTIAL ELECTION FOR “ANTIDEMOCRATIC BEHAVIOUR”: AFFIRMATION OF THE DOCTRINE OF MILITANT DEMOCRACY IN THE JURISPRUDENCE OF THE ROMANIAN CONSTITUTIONAL COURT?

Summary/Abstract: On December 6, 2024, the Constitutional Court of Romania annulled the presidential election due to irregularities, particularly the abusive use of social media by Călin Georgescu, which distorted the fairness of the vote. Due to this misconduct, his application for registration as a candidate in the new election scheduled for May 4, 2025, was rejected by the Central Electoral Bureau. This rejection was confirmed by the Constitutional Court, in accordance with its jurisprudence established in a ruling on October 5, 2024, which also dismissed the candidacy of Diana InavoviciȘoșoacă for her anti-democratic behaviour. The Court acted based on the doctrine of militant democracy to exclude both candidates from the electoral race. However, this case law raises concerns about compliance with the principles of legality, legal certainty, and the risks of possible political manipulation of established judicial precedents for partisan purposes. This study also offers, from a broader perspective, a reflection on the use of the doctrine of militant democracy, the interpretive limits that apply to constitutional judges, and respect for the principle of the separation of powers.

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