First instance body dealing with electoral disputes
Romania
Art. 15. – (1) The Central Electoral Bureau* shall have the following mainattributions:
[…] c) to solve the objections referring to its own activity and thecontestations regarding the activity of the electoral bureaux of constituency;the contestations shall be solved by decisions which are mandatory for theelectoral bureau in cause, as well as for the public authorities and institutions to which it refers, under thesanctions stipulated by the present title;* […]
g) to annul the electionsin a polling station if they find that the vote or the setting of the electionresult was carried out by electoral fraud; […]
(3) The request to annulthe elections in a uninominal college for electoral fraud may only be done bythe electoral competitors who have participated in the elections in therespective college. The request shall be submitted to the Central Electoral Bureau within24 hours of the close of poll, under the sanction of decline. Therequest must be solidly justified and accompanied by the proofs on which it isbased. The lack of proofs shall entail the rejection of the request. Therequest may only be approved if the person who submitted it is not involved inthe causing of the fraud, and only if they find that this fraud was of suchnature as to amend the granting of the mandates. The settlement of the requestto annul the elections by the Central Electoral Bureau may only be made untilthe date of publication of the election result in OJ, Part I. Within no morethan 10 days of the date of approving the request to annul the elections theyshall organise a new ballot in the polling stations where they have found theelectoral fraud. The bureau of constituency along with the local publicauthorities shall ensure the good conduct of the new ballot, with the properimplementation of the present title. Until the new results are got they shallsuspend the electoral operations regarding the counting of votes and finding ofthe results.
LAWNo. 35* of13 March 2008 for the electionto the Chamber of Deputies and the Senate and for the amendment
and completionof Law No. 67/2004 for the election of local public administration authorities,
of Law No. 215/2001 on the local public administration, and of Law No.393/2004
on the Statute of local electees, Published in OJ No. 196 of 13 March 2008
“ Jurisdiction over any decision and (in)action ofan election bureau that is not explicitly granted by the Election Law toanother court is with the Administrative Division of the Court of Appeals.All decisions, actions, and failures to act by the CEB, as an administrativebody, can be appealed to the Administrative Division of the Court of Appeals inBucharest. However, neither the Election Law nor the court procedure rulesprovide for an expedited review of election-related matters, contrary to internationalgood practice
OSCE/ODIHR Election ExpertTeam Final Report, Parliamentary Elections 9 December, 2012 Romania, Warsaw 16January, 2103 http://www.osce.org/odihr/elections/98757
ThePermanent Electoral Authority is the highest-level electoral management body.
