The European Court of Human Rights (ECHR) rejected, on Tuesday, after a unanimous vote, Călin Georgescu’s request to suspend the CCR’s decision to annul the 2024 presidential elections.
“The European Court of Human Rights has today decided, in a Chamber formation and by an unanimous vote, not to issue an interim measure in the case Călin Georgescu v. Romania (application no. 37327/24).
The case concerns the annulling by the Constitutional Court of Romania of the presidential elections of 2024, for which Mr Georgescu was a candidate. The decision was taken unanimously by a Chamber of seven judges,” says a ECHR press release sent to our editorial office.
In its decision, the Court reiterated that, in conformity with Rule 39, interim measures were applicable only in cases of imminent risk of irreparable harm to a Convention right which, on account of its nature, would not be susceptible to reparation, restoration or adequate compensation. Such measures could, moreover, be adopted only in exceptional circumstances, where this was necessary in the interests of the parties or the proper conduct of the proceedings.
The Court rejected Mr Georgescu’s request as outside the scope of application of Rule 39. Taking into account his request, along with the grounds and reasons supporting it, the Court held that in accordance with its well-established practice, Mr Georgescu’s request did not concern an imminent risk of irreparable harm within the meaning of Rule 39 § 1 of the Rules of Court.
The Court considered that the request fell outside the scope of Rule 39 of the Rules of Court, and decided not to indicate to the Government of Romania the interim measure sought.Calin Georgescu had requested that interim measures be given, indicating, in particular, that the Constitutional Court decision should be suspended and the election process resumed.
The Court rejected the request as it fell outside of the scope of Rule 39 (interim measures) of the Rules of Court.
Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case. The Court grants such requests only on an exceptional basis, when the applicants would otherwise face an imminent risk of irreparable harm.
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