NGOs: CCR decision on MEP Sosoaca candidacy calls into question essence of democratic system in Romania

As many as 20 non-governmental organizations are protesting, in a public letter, against the "arbitrary" elimination from the electoral competition of a candidate for the presidency of Romania, MEP Diana Iovanovici-Sosoaca, leader of the SOS Romania party.The 20 NGOs add that the Constitutional Court's decision "calls into question the very essence of the democratic system" in Romania, as stated in a press release issued by the Resource Center for Public Participation."In no consolidated democracy do we find situations in which a candidate, not even a fascist candidate, is eliminated from the competition by such decisions," the source says.The NGOs recall that on October 5, 2024, the Constitutional Court decided to invalidate the candidacy of Diana Sooaca, a decision adopted with a narrow majority of five votes "in favour" and two votes "against", in the conditions in which two judges of the CCR were absent from the meeting."In the reasoning of the decision, the CCR develops a long philosophical line of argument to reach the conclusion that 'the elements contained in the pledge of allegiance are conditions of eligibility and substance to run for the office of President of Romania, that the candidate must fulfill at the time of filing his or her candidacy', and that 'the examination of these conditions can be carried out only by the Constitutional Court'. The Court calls these new criteria, that it added itself to the law, 'the constitutionality of the candidacy'. In order to verify these new criteria, the Court decides to analyse the 'conduct' and public statements of the candidate," the document reads.The signatories note that the Constitutional Court's decision is a "first" in Romania, "extremely worrying", because in a democratic country the opposition must be defeated at the ballot box, "not excluded from the competition by procedural means". According to the same source, Diana Sosoaca is not the only candidate who has publicly expressed, at least once, "anti-democratic and anti-European political views".The NGOs say that the decision represents "a serious slide down the path of illiberalism", adding that the role of the CCR is to ensure that the eligibility criteria for candidates are respected and that it is a court for electoral challenges, which "should not make moral judgments" based on a candidate's public statements, whether he or she meets the conditions of form and substance.The document is signed by: ActiveWatch, APADOR-CH, Vacaresti Natural Park Association, Association for Community Relations, Association for Technology and Internet, Association Respiro Human Rights Research Center, Civic Association, Atlatszo Erdely/Transparent Transylvania, Center for Legal Resources, FILIA Center, Center for Public Innovation, Center for Independent Journalism, Ecopolis Center for Sustainable Policies, Romanian Center for European Policies, CeRe: Resource Center for Public Participation, Expert Forum, FDSC - Foundation for Civil Society Development, Forum Apulum, Funky Citizens, the Spiritual Militia Civic Movement Association.