CĂLIN GEORGESCU v. ROMANIA DECISION
above). It was common knowledge that an electoral campaign entailed
considerable costs and expenses, and the analysis made revealed an obvious
inconsistency between the scope of the campaign and the absence of any
expenses reported by that candidate. The Constitutional Court considered that
the principle of transparency as regards the funds spent for the electoral
campaign was breached, raising suspicions as to the fairness of the elections.
10. Taking into account the duration and complexity of the necessary
electoral activities, the Constitutional Court held, pursuant to Article 83 § 2
of the Constitution, that the incumbent President of Romania should continue
his mandate until the newly elected President should take the oath.
11. In decisions nos. 230D of 6 December 2024 and 231D of 7 December
2024, the Central Electoral Bureau referred to the decision no. 32 of
6 December 2024 of the Constitutional Court and the related press release. It
ordered discontinuation of all voting operations for the second round of the
presidential elections in Romania and abroad and terminated the activity of
the local and central electoral offices.
RELEVANT LEGAL FRAMEWORK
The Constitution of Romania
12. Article 1 § 4 of the Constitution of Romania provides that the State
shall be organised on the principle of the separation and balance of powers –
legislative, executive and judicial – within the framework of constitutional
democracy.
13. According to Article 61 § 1 of the Constitution of Romania, the
Parliament is the supreme representative body of the Romanian people and
the sole legislative authority of the country.
14. The President of Romania represents the Romanian State and
safeguards the national independence, unity and territorial integrity of the
country. He/she is the guardian of the Constitution and the proper functioning
of the public authorities. To this effect, he/she acts as a mediator between the
Powers in the State, as well as between the State and society (Article 80).
15. After the Parliament adopts a law, the latter is sent to the President
who has to promulgate it within twenty days of its reception. Before the law
is promulgated, the President may ask the Parliament, only once, to
re-examine it. The President has to promulgate the law within ten days from
receiving it back after its reconsideration by the Parliament (Article 77). In
the context of the legislative procedure lato sensu, the President is one of the
institutional and political actors who may ask the Constitutional Court to
review the constitutionality of a law before it is promulgated, i.e. an abstract
a priori review (Article 146 (a)). The decisions of the Constitutional Court
are published in the Official Gazette and are generally binding as from their
publication (Article 147).
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