14. Termenul de decădere de 48 de ore pentru a formula cererea de anulare a alegerilor pentru fraudă electorală
14. The 48-hour deadline to file a request for annulment of the elections for electoral fraud

Summary/Abstract: There is an incompatibility between the application of the provisions of Article 186 of the Civil Procedure Code, regarding the deadline and the strict observance of the stages of the electoral period, which are regulated in order to ensure compliance with the principles of legal certainty in electoral matters and the periodicity of elections, a contrary solution being likely to affect the structure of the entire electoral process by creating uncertainty over the outcome of the elections. It is inadmissible to supplement the provisions of Article 12 para. (3) of Law no. 208/2015 with the provisions of Article 186 Civil Procedure Code, the right to file a request for annulment of elections being limited in time to the interval strictly regulated by the special rule, without recognizing the possibility of reopening the deadline. In analyzing the proportionality of the sanction in relation to the purpose pursued, it is held that the celerity of the procedure is necessary to ensure a high degree of stability and predictability in the electoral process, the purpose being to protect the higher public interest by determining the election result in the shortest possible time and ensuring respect for the duration of the mandate of the legislature, as established by the Romanian Constitution, which prevails over the private interest of electoral competitors in exercising the right to request verification of the legality of elections in a polling station or electoral district.

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