The Romanian Constitutional Court doing “militant democracy” (twice and more to come)

Alexandra Mercescu

Journal of Contemporary Central and Eastern Europe, 2025, vol. 33, issue 1, 251-261

Abstract: This article examines the Romanian Constitutional Court’s (CCR) recent interventions in the 2024 presidential elections through the lens of militant democracy. The CCR invalidated the candidacy of an extremist politician and, later, when confronted with the stunning rise of another extremist candidate who managed to fly under the radar, annulled the first round of elections due to electoral irregularities, including illegal financing and foreign interference. These decisions highlight the judiciary’s role in protecting democracy but also raise concerns about judicial overreach and the boundaries of the newly developed doctrine of “constitutional loyalty.” The article argues that, while controversial, the CCR’s actions were legally justified and necessary to uphold democratic principles. The broader implications suggest an ongoing tension between safeguarding the rule of law and respecting popular sovereignty. Ultimately, the CCR’s interventions may mark a “constitutional moment” for Romania, compelling society to reassess its democratic framework and the judiciary’s role in electoral integrity.

Date: 2025
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DOI: 10.1080/25739638.2025.2482401

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