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March 23, 2023

The Constitutional Court contradicts own rulings in just 3 months

Independents can become candidates in partial elections, following the Constitutional Court’s yesterday ruling, which allowed the unconstitutionality exception raised by Remus Cernea regarding the provisions of the Law for the election of deputies and senators. According to Mediafax, the same exception had been rejected in January by the selfsame CC. Thus, the Constitutional Court allowed yesterday the unconstitutionality exception raised by Remus Cernea in the trial in which he contested the overruling of his candidacy, while it declared articles 29 and 30, on the deposition of candidacies, were in keeping with the Constitution. CC allowed the exception and found article 48, item 17, of Law 35/2008, to be unconstitutional. This article stipulates that “only political parties and organizations of citizens belonging to national minorities which reached the necessary electoral limit, required by law, individually or in a political or electoral alliance, may take part” in partial elections for an uninominal college. Quoted by HotNews.ro, Cernea stated the entire election process at College 19, where partial elections for a deputy position will take place on Sunday, should start from scratch: “It would be easier if the two candidates, Teo Trandafir (PDL) and Liliana Minca (PSD-PC), withdrew from the race, to prove they respect democracy, otherwise, they will demonstrate they are only interested in power”. Sources from the judiciary stated, though, that the Court’s ruling cannot be enforced, as it cannot become effective as early as Sunday.

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