CĂLIN GEORGESCU v. ROMANIA DECISION
intervene with a pure power to legislate, i.e. the power to initiate legislation
(Article 74 § 1; see paragraph 16 and compare with Kribovokov (decision
cited above)) or adopt laws having supreme legal force, which belongs
exclusively to the Parliament. The President cannot issue any decree beyond
his or her powers, which therefore excludes decrees of legislative nature or
decrees that could contradict or supersede the Parliament’s legislative acts.
Accordingly, his or her powers in this respect are essentially confined to the
implementation of such legislation (see paragraphs 15 and 19 above). The
Constitution of Romania clearly provides for the separation of powers (see
paragraph 12 above). It appears to the Court that the President’s power
accessory to the Parliament’s legislative power is not a competence pertaining
to the proper act of lawmaking, but must be construed as being necessary and
strictly limited to the system of the inter-institutional “checks and balances”,
common to most European democracies (compare with Guliyev (decision
cited above)).
26. In the light of the above, the Court finds no indication that the powers
of the President of Romania are such as to make that office part of the
“legislature” of the respondent State, within the meaning of Article 3 of
Protocol No. 1 to the Convention.
27. It follows that this part of the application is incompatible
ratione materiae with the provisions of the Convention within the meaning
of Article 35 § 3 a) and must be rejected in accordance with Article 35 § 4 of
the Convention.
B. As regards the complaints under Articles 6 and 13 of the
Convention
28. Invoking Articles 6 and 13 of the Convention, the applicant
complained that the decision no. 32 of 6 December 2024 of the Constitutional
Court had been adopted in a non-transparent manner and without a possibility
for him to refute the accusations contained therein, and that there was no
remedy against it.
29. The Court notes that the proceedings in question concerned the
applicant’s right to stand as a candidate in the presidential elections. The
dispute in issue, therefore, concerned his political right and did not have any
bearing on his “civil rights and obligations” within the meaning of
Article 6 § 1 of the Convention (see Mutalibov v. Azerbaijan (dec.),
no. 31799/03, 19 February 2004, and, mutatis mutandis, Pierre-Bloch
v. France, 21 October 1997, § 50, Reports of Judgments and Decisions
1997-VI). Moreover, although the applicant refers in his application to “the
accusations” against him, the Court notes that the decision of the
Constitutional Court no. 32 of 6 December 2024 did not concern the
determination of any “criminal charge” against the applicant within the
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