THE DIGITAL ERA AND THE CURRENT SOCIO-LEGAL REALITIES WE FACE IN ELECTORAL LEGISLATION
THE DIGITAL ERA AND THE CURRENT SOCIO-LEGAL REALITIES WE FACE IN ELECTORAL LEGISLATION

Summary/Abstract: We start from the premise that it is unanimously accepted that the law, considered as a whole, as well as certain branches or even sub-branches of it, at some point, become obsolete or, in other words, is overtaken by the new realities existing in society at some time after its adoption. No one could have imagined 50 years ago that the internet [1] would appear and that it would change, forever and irreversibly, both the world in which we live and the rules of law that are laid down by the authorities. Clearly, before this advent there was no need in society to regulate something that did not yet exist. Gradually, however, not only did the relevant legislation to regulate this new area emerge, but institutions also appeared to ensure that the new rules were correctly applied. We believe that the chosen theme is a topical one, that we live in a time of constant movement and metamorphosis, which changes our lives every day. We have chosen to study these changes through the prism of electoral legislation and the interpretations given to it by the Constitutional Court of Romania because electoral polls have a cyclical recurrence and are organized periodically, thus helping us to capture the changes caused by technology, by the so-called digital age, in the society in which we live. We can also say without any reservation that it is unquestionable that electoral legislation is somewhat rigid, with very few substantive changes in this area. Most of the time when changes do occur in the cumulation of electoral legislation, they are generally confined to questions of form, deadlines, dates and the like, and not to substantive conditions that are well rooted in law. In order to support this opinion, we will focus on some internal regulations and institutions that have been created as a result of these regulations, we will also discuss some recent Decisions and Rulings of the Romanian Constitutional Court and we will formulate our own opinion on all these issues.

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