CĂLIN GEORGESCU v. ROMANIA DECISION
24 November 2024, the applicant having presented himself as an independent
candidate not supported by a political party, was best placed with more than
2 million votes cast in his favour (22,94% of the total votes), and he qualified
for the second round. The results of the first round, in particular those
concerning the applicant, were largely considered by the media as a surprise
considering the previous estimations of the polls.
3. On 28 November 2024 the Supreme Council of National Defence
(Romanian acronym “CSAT”) held a meeting, summoned by the incumbent
President of Romania, Klaus Iohannis. At the end of the meeting, the CSAT
issued a press release which stated that, although it didn’t have any role in the
electoral process, the CSAT had to analyse data pointing to an impact on
national security. The press release noted that there were documents
indicating cyber-attacks, by State and non-State actors, aimed at influencing
the correctness of the electoral process. It was also noted that one candidate
– who was not named in the press release, but easily identified by the media
and the public as being the applicant – benefited from massive exposure and
preferential treatment by Tik Tok social media platform. In that connection,
the CSAT indicated that in the video material published on this platform, that
candidate had not been labelled as a presidential candidate, which was not in
compliance with the electoral rules and a decision of the Central Electoral
Bureau (Romanian acronym “BEC”). The CSAT requested the competent
authorities in areas of national security, criminal investigation and
supervision of the electoral process to urgently take necessary measures to
clarify the aspects presented at the meeting.
4. Having previously received a complaint by another candidate who lost
in the first round of the presidential elections and after it had ordered that
votes cast be recounted, by a decision no. 31 of 2 December 2024, delivered
pursuant to Article 146 (f) of the Constitution of Romania and Articles 37
and 76 of Law no. 47/1992 on the organisation and functioning of the
Constitutional Court (“Law no. 47/1992”), the Constitutional Court
confirmed and validated the results of the first round of the presidential
elections.
5. On 4 December 2024 President Iohannis declassified the intelligence
documents (“Information notes”) from the meeting of 28 November 2024 of
the CSAT (see paragraph 3 above).
B. The decision of the Constitutional Court of 6 December 2024
6. On 6 December 2024, having examined at its own motion the
correctness and lawfulness of the electoral process in the light of the new
declassified intelligence (see paragraph 5 above), the Constitutional Court
decided, unanimously and pursuant to Article 146 (f) of the Constitution, to
annul the entire electoral process with regard to the election of the President
of Romania (decision no. 32 of 6 December 2024). It held that it was to be
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