top | item 42345491

(no title)

I still do not understand how it can be illegal for them to do this, if they do have the prerogative to cancel an election result. (In the sense that you can disagree with a judge's decision, he might even make an objectively wrong decision, but it does not make him taking that decision illegal, just perhaps wrong.)

I am curious to read more about this in the coming days. I do remember previous scandals related to the CCR and their (often said too close) relationship to the parties in power. But I guess in this case I just don't see why their decision would be illegal, and when compared to the alternatives I don't see why it would be wrong.

To also clarify, despite thinking this might be the correct decision, I actually think politically there is a higher probability now of yielding a worse president, since Ciolacu & Simion will probably end up in the secondary, the latter having chances, instead of Lasconi. Not that I think she's the greatest candidate either, but again... compared to the alternatives...

discuss

tsimionescu|1 year ago

> I still do not understand how it can be illegal for them to do this, if they do have the prerogative to cancel an election result.

It is precisely because of how that power works that what they did yesterday is illegal, in my opinion.

The Court is not basing its decision on whether to validate or invalidate an election result on the Constitution directly, in regular elections. The constitution is too broad and vague for this kind of power. Instead, based on the constition, specific laws that govern how elections are run and at what parts of the process the Court is involved in them were elaborated, and those laws were validated by the Court itself. Specifically, this law is 370/2004 [0].

If the Court can just convene itself by fiat, analyze any evidence it wants, and decide what effect that can have on the election, then why did we need a specific law with specific articles on how election results are validated in the first place?

[0] https://www.roaep.ro/legislatie/wp-content/uploads/2019/08/L...