ECHR refuses to overrule Romania court annulment of presidential election News
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ECHR refuses to overrule Romania court annulment of presidential election

The European Court of Human Rights (ECHR) rejected a request to overturn a Romanian court’s annulment of the presidential election, declaring the application inadmissible on Thursday in the case of Călin Georgescu v. Romania and ruled that the decision was final.

The application was submitted on December 16, 2024, by Călin Georgescu, the main ultra-nationalist and pro-Russian candidate in Romania’s electoral race, challenging the Romanian Constitutional Court’s ruling that annulled the vote in the first-round election and ordered it to be reorganized from the beginning.

Georgescu raised three complaints to the ECHR, separately relying on Article 3 of Protocol No. 1 (right to free elections), Articles 6 (right to a fair trial) and 13 (right to an effective remedy), and Articles 10 (freedom of expression) and 11 (freedom of assembly and association) under the European Human Rights Convention. He argued that the Constitutional Court’s decision was based on unsubstantiated accusations and a non-transparent manner, challenging the legitimacy of the verdict as it violated the principle of proportionality and undermined the freedom to participate in the democratic process.

ECHR refused his first and second complaints as they were incompatible ratione materiae with the provisions of the convention and, therefore, not applicable to the case. The court subsequently rejected the application of Articles 10 and 11 due to the applicant’s “manifestly ill-founded” claim.

Romania’s 2024 presidential elections followed a two-round system. Georgescu had secured a surprising first-round victory due to the strategic use of TikTok to boost his visibility, which triggered extensive allegations of his being supported unduly by Russia. In December 2024, the Constitutional Court intervened in the disputes per Article 146(f) of the Romanian Constitution and decided to halt the country’s ongoing presidential elections after the president-in-duty, Klaus Iohannis, declassified four internal intelligence documents indicating Russia’s interference via aggressive hybrid attacks.

The Constitutional Court’s decision has caused debate regarding its legality. Although presented as an admirer of Russian President Vladimir Putin and NATO critic, Georgescu has denied any links to Moscow and deplored the court’s decision as a “formalized coup d’etat”, saying “Democracy is under attack.”

In January, the ECHR refused to grant an interim measure, an urgent ruling issued exceptionally in cases where applicants face an imminent risk of irreparable harm, as it fell outside of the scope of Rule 39 of the Rules of Court.

The ongoing electoral disputes have undermined the political stability in the country. Romanian President Klaus Iohannis announced his resignation in early February due to the controversial Russian election intervention. Last week, Romanian prosecutors opened a criminal case against Georgescu.

The Romanian government has ordered a fresh presidential vote, with a first round to take place on May 4 and a second on May 18 if no first-round candidate wins more than 50 percent of the vote.