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 

On 7 January, the European Court of Human Rights (ECHR) announced its decision regarding compensation for damage resulting from the failure of the Romanian state to enforce the restitution of property nationalised by the communist regime between 1945 and 1989. In 2022, the ECHR ruled that Romania violated the rights of 53 Romanian applicants to the protection of property. These applicants had obtained judgments in their favour from domestic courts, either granting them possession of their property or compensation, which were subsequently not adequately enforced. Following the 2022 judgment, the parties failed to reach a settlement. With this decision, the ECHR gives the Romanian government three months to pay immediate compensation, and a time limit of 12 months for the execution of judgments in cases concerning restitution of property.  

Sources: ECHR (1), ECHR (2), Juridice (1), Juridice (2), Council of Europe