On 15 December, the European Court of Human Rights ruled that Romania violated a judge’s freedom of expression by sanctioning him in 2019. The judge was sanctioned for social media posts, commenting on the justice system’s functioning and defending institutional independence, for allegedly ‘impairing the dignity’ of judicial office. The Court upheld the right of judges to express themselves on matters of public interest and stressed the chilling effect of disciplinary sanctions. The judgment coincided with mass protests, with tens of thousands demanding judicial reform, after a Recorder documentary and an open letter by hundreds of judges and prosecutors exposed political control and intimidation in the judiciary. President Nicușor Dan pledged to investigate systemic abuses, held consultations with the judiciary on 22 December and committed to further discussions in January 2026 on reforming the Superior Council of Magistracy (CSM), the body overseeing judicial discipline. 

Sources: Reuters (1), Reuters (2), Al Jazeera, Deutsche Welle, Verfassungsblog, European Court of Human Rights, Facebook

In July, the Constitutional Court upheld the constitutionality of proposed amendments to Emergency Ordinance No. 31/2002 strengthening measures against hate speech. The legislation, adopted by Parliament on 11 June, criminalises the distribution of materials (including images, videos, books and text messages) deemed to have a fascist, racist or xenophobic character, or that deny genocide or war crimes, with penalties of up to five years in prison. Previously, the legislation focused solely on the prohibition of certain symbols and organizations. Additionally, the scope of the legislation is expanded to refer specifically to the 1927-1941 legionary movement which briefly entered government during Ion Antonescu's dictatorship. The Constitutional Court dismissed challenges by opposition MPs and President Nicoșur Dan citing risks to freedom of expression during a preliminary review of the constitutionality of the bill. The rulings are legally binding and clear the way for the legislation’s promulgation. 

Sources: Romania Insider, Biziday (1), Biziday (2), Romanian Senate, CCR, Balkan Insight

On 18 May, Nicușor Dan won the second round of Romania’s presidential election with 53.6 per cent of the vote. Dan ran as an independent candidate, and has served as mayor of Bucharest since 2020. George Simion, leader of the Alliance for the Unity of Romanians (AUR) party, received 46.4 per cent of the vote. The Romanian Electoral Authority reported voter turnout of 64.7 per cent, a significant increase from 53.2 per cent in the first round of the election held on 4 May. There were 11 presidential candidates in the first round, including 2 women and 9 men. Observers found the election competitive, but noted the campaign was marred by media bias and insufficient transparency in election administration. Simion challenged the result at the Constitutional Court, claiming electoral fraud and alleging interference by France and Moldova; on 22 May, his appeal was rejected. The election followed the Constitutional Court’s decision to annul the previous presidential election in November 2024.

Sources: International IDEA (1), International IDEA (2), Organization for Security and Co-operation in Europe, Robert Schuman Foundation, Romanian Electoral Authority, Constitutional Court, Radio Free Europe Radio Liberty

On 9 March, the Central Electoral Bureau (BEC) barred Calin Georgescu, who placed first in Romania’s annulled 2024 presidential election, from standing in May’s election re-run due to past violations of electoral law. The Constitutional Court subsequently rejected his appeal. On 15 March, the BEC also disqualified Diana Șoșoacă, SOS Romania party leader, who had already been barred from the 2024 presidential election for “anti-democratic and anti-semitic discourse.” In addition, on 26 February, prosecutors launched criminal proceedings against Georgescu on charges of undermining the Constitutional order, publicly promoting war criminals and fascist organisations, and disseminating false information. The decision sparked violent riots and was rejected by Georgescu and George Simion, the leader of the right-wing nationalist AUR party, claiming it represents an attack on democracy. Several European embassies in Bucharest have underscored the importance of the independence of the Romanian judiciary.  

Sources: International IDEA, Reuters, Juridice, Ministerul Public (1), Ministerul Public (2), DW, Romania Insider, Balkan Insight, Biziday