The President of the Constitutional Court, Marian Enache, spoke, in an interview with juridice.ro, about the CCR’s decision regarding the annulment of the elections and the possibility of resuming the second round of the presidential elections. Thus, Enache says that it is excluded that there is an error to resume the second round.
When asked whether an erratum could allow a repeat of the second round of the presidential elections, the CCR president firmly rejected this option. “Impossible. An erratum only corrects a material error within a ruling and does not alter or modify the decision made by a judicial authority. Suggesting such an erratum is a gross error and a misrepresentation for voters,” stated Marian Enache in an interview with juridice.ro.
Regarding the admissibility of requests to annul the CCR’s decision on the presidential elections, Enache emphasized that “Constitutional Court rulings are final and universally binding. Therefore, ‘revision requests’ are made outside any legal procedural framework and cannot lead to judicial case files. Legally, they are treated as petitions and handled accordingly,” he added.
The head of the Constitutional Court also stressed that through its rulings, the CCR has sounded the alarm by activating the “red code,” but it has not resolved the core issue of Romania’s democratic state. He stated that the concern should extend beyond state institutions to society as a whole.
“The issue of annulling the electoral process is not solely a matter for the Constitutional Court but concerns the entire society, as it reflects how democracy functions. The Court’s rulings have sounded an alarm by activating the ‘red code,’ but they have not resolved the fundamental problem of Romanian democracy. Understanding the causes behind these effects must be a collective social responsibility, not just a concern of state institutions. A truly democratic society must remain vigilant in safeguarding its electoral integrity, which should be fundamentally free and exercised under fair conditions,” Enache explained.
Asked whether the CCR could not decide on a partial invalidation of the elections, targeting only the candidate who violated the law, Marian Enache replied: “If you wanted to drink a glass of water in which you know there is a dose of poison, would you try to extract the poison and drink the water thus purified or would you opt for another glass of water?”
“The annulment of the elections was to defend Romania and constitutional democracy”
Asked about his personal view on the annulment of the elections, the CCR president stated that he sees the decision as a defense of the Romanian state and constitutional democracy.
“I believe that annulling the electoral process for the election of Romania’s President was a decision to defend the Romanian state and constitutional democracy, as well as to uphold the achievements gained through the efforts of all Romanians, both in the country and the diaspora, since 1989. This ruling was more than just a case decision—it aimed to strengthen and guarantee the aspirations and accomplishments of the 1989 Revolution. Romania has undergone a difficult journey, with many sacrifices, to align itself with the values of free societies, and it would be a mistake to turn back from this path,” said Marian Enache.
The structural elements of a “minimal democracy”
Enache also discussed the democratic process of a state and the importance of separating powers, political pluralism, multipartism, parliamentary governance, and respecting fundamental rights and freedoms.
“In electoral competition, candidates present program proposals for democratic development and national prestige. However, they cannot propose changes that would redefine the political system established by the 1991 Constitution, which is based on pluralism and parliamentary governance. Nor can they campaign to obstruct or undermine state institutions, as this would contradict the principles of constitutional respect, democracy, and the rule of law. Any democracy, even in its most fragile form, is built on the separation of powers, political pluralism, multipartism, parliamentary governance, and respect for fundamental rights and freedoms. These are the structural elements of a minimal democracy,” Enache stated.
“In contrast, totalitarian regimes establish a single-party state and claim to represent the people’s interests. However, history has exposed this ideology as a deception, which, due to its falsehood, has become obsolete,” he concluded.
On JD Vance’s statements
The President of the Constitutional Court of Romania (CCR), Marian Enache, claims that critical statements by US Vice President JD Vance about the annulment of the presidential elections in Romania were misinterpreted by a part of the population. Enache says that the annulment of the elections “is not a matter for the Constitutional Court itself, but for the entire society.”
“Fundamental problem of Romanian democracy” is that Institutions do not understand what Democracy is. “Institutions caution for collective social responsibility” in voting the correct candidate otherwise CCR will cancel it again. What makes miaou miaou and is on the roof? A dog, learning foreign languages!