CCR motivates why Călin Georgescu is not allowed to run in the presidential elections

In its reasoning, the Court states that the Central Electoral Bureau (BEC) acted within the limits of the law when it rejected Călin Georgescu’s candidacy for the 2025 presidential elections.

The Court’s main reasons for dismissing the appeals:

• BEC applied the provisions of two prior Constitutional Court rulings (No. 2/2024 and No. 32/2024), which established that certain conduct and statements by candidates may be incompatible with constitutional values.
• Călin Georgescu was involved in irregularities during the 2024 presidential election, which led to its annulment. The Court deemed that this conduct implicitly affects his right to run in 2025.
• Although Călin Georgescu has not been criminally convicted, the Constitutional Court ruled that his statements and actions were contrary to democracy and the rule of law.

“The Court emphasizes that the electoral process for the 2025 Romanian presidential election is initiated, organized, and conducted based on Decision No. 32 of December 6, 2024. As such, even though it is a new electoral process, it falls within the same framework and paradigm of ensuring the succession of the presidential mandate acquired in 2019. Therefore, the Court allowed BEC to directly apply the Constitution solely for this electoral process, which is taking place under the exceptional circumstances caused by the annulment of the 2024 election,” the Court’s reasoning states.

The Constitutional Court further notes that:

“BEC considers that, through the aforementioned ruling (Constitutional Court Decision No. 2 of October 5, 2024), the Constitutional Court analyzed and ruled on the manner in which the candidate, whose candidacy is under review by BEC, positioned himself in relation to the individual elected as President of Romania, revealing an attitude in manifest contradiction with the fundamental values of the rule of law.

It is assessed that the ruling contains binding statements for BEC, leading to the conclusion that, concerning Mr. Călin Georgescu’s candidacy, it does not meet the legal requirements. The candidate, by failing to respect electoral procedures, has violated the very obligation to uphold democracy, which is founded on fair, honest, and impartial elections in accordance with the law. In the absence of these, the very foundation of the current constitutional order is compromised.”

The Court’s judges concluded that Georgescu does not meet the requirements to hold the highest office in the state, given the annulment of the December elections.

“It is appreciated that, by annulling the 2024 electoral process and resuming it in its entirety (including with regard to the submission of candidacies), as a result of the candidate’s conduct of not complying with the legal regulations regarding the electoral procedure, essential for democracy and the rule of law, the Constitutional Court has made an implicit and generally binding ruling also regarding the failure to meet the conditions provided by law for the registration of the candidacy submitted by Mr. Călin Georgescu, it being inadmissible that, upon the resumption of the electoral process, the same person be considered to meet the conditions to accede to the position of President of Romania”, the CCR further states in its reasoning.

The court also claims that a possible candidacy by Călin Georgescu in the race for Cotroceni may be reevaluated in the future.

“Regarding the issue of the valorization over time of certain attitudes/conduct/positions contrary to constitutional principles and values, the Court emphasizes that their violation does not lead to a perpetual sanctioning of the person in terms of the right to be elected as President of Romania. These issues are analyzed on a case-by-case basis and have a certain temporality related to the cyclical nature of elections and the assessment of the candidates’ compliance with constitutional principles and values,” the CCR also states.

Briefly, about the reasons for rejecting Călin Georgescu’s candidacy:

Non-compliance with electoral regulations in the 2024 presidential election: The CCR considered that Georgescu violated the regulations essential for democracy and the rule of law in the canceled 2024 elections, and this conduct also affects this electoral process.

Previous decisions of the CCR – Decisions no. 2/2024 (October 5) and no. 32/2024 (December 6) established that certain conduct is incompatible with constitutional principles. The CCR decided that Georgescu does not meet the legal conditions to run.

BEC’s argument regarding the legality of the decision – BEC invoked the fact that the cancellation of the 2024 elections was due to irregularities in which Georgescu was allegedly involved. The Court confirmed that the BEC was entitled to take this decision into account in assessing the new candidacy.