13. Cerere de anularea alegerilor, în conformitate cu dispoziţiilor art. 12 alin. (3) din Legea nr. 208/2015
13. Claim for annulment of elections, in accordance with the provisions of Art. 12 para. (3) of Law 208/2015
Author(s): Dorina ZecaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: electoral annulment; procedural deadlines; legal certainty; forfeiture; electoral law;
Summary/Abstract: The right to file an application for annulment of elections, in accordance with the provisions of Article 12 para. (3) of Law 208/2015 is a procedural electoral right, in accordance with national and European case law. Failure to comply with the imperative legal deadline of 48 hours for exercising this right is punishable by forfeiture, as expressly provided by the legislator. Irrespective of the legal nature of this deadline – procedural or substantive deadline – the formulation of a request for postponing the deadline cannot be accepted, being incompatible with the need to respect the predictability of the electoral process and to guarantee the principle of legal certainty in electoral matters.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2025
- Issue No: 04
- Page Range: 117-124
- Page Count: 8
- Language: Romanian
- Content File-PDF
