Note sur la Décision de la Cour européenne des Droits de l’Homme du 06.03.2025, Affaire Călin GEORGESCU c. Roumanie, Requête no 37327/24
Note on the Decision of the European Court of Human Rights of 06.03.2025, Case Călin GEORGESCU v. Romania, Application no.37327/24

Summary/Abstract: The right to free elections and the right to a fair trial are not applicable ratione materiae, according to the clear and settled case-law of the European Court of Human Rights, in the case of annulment of a presidential election by a national constitutional court. An application for provisional measures seeking to suspend the execution of the constitutional court decision annulling the presidential election and to resume the electoral process does not fall within the scope of the relevant regulatory rule. The decision of inadmissibility adopted by a committee is contrary to the conventional rules of procedure, since the case was initially before a chamber, which is not entitled to refer it to a committee as a lower judicial body, but the final nature of the decision means that the presumption of validity of that decision is irrebuttable.

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