9. Decizie privind validarea alegerilor pentru Colegiul Medicilor
9. Decision on the validation of the elections for the College of Physicians

Summary/Abstract: According to the provisions in art. 38 para (1) of the Electoral Regulation, „the voting bulletins shall mention the maximum number of mandates ran for, according to the Law no. 95/2006”, and according to art. 52 para (1) letter e) of the same regulation, „voting bulletins with the „voted” stamp on a larger number of candidates than the mandates ran for are null and void”. In this case, it is beyond doubt that the electing physicians have applied the stamp on 19 of the 32 candidates, thus abiding by the mention on the voting bulletins, according to which the number o representatives was 19, not 13. Art. 52 para (1) of the Electoral Regulation stipulates full nullity, which triggers the unlawfulness of Decision no. 19 of 29 November 2011, concerning the validity of elections for the Territorial College of Physicians. The provisions in art. 52 of the Regulation do not stipulate as a rule for the respective nullity the production of proof as to the fact that the results of the elections have been distorted, which is presumed in the philosophy of the regulation of this express nullity. Thus, the argument according to which the infringement of art. 52 para (1) letter e) of the Electoral Regulation has not affected the result of the elections lacks legal grounds, but it also is erroneous, considering that the distribution of votes on a larger number of candidates (19 representatives) than the legal one (13 representatives) triggered the alteration of the results of the expressed votes, it being obvious that a concentration of votes on a smaller number of candidates (the legal number of 13 candidates) would have mathematically led to a different result.

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