Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Benke KAROLY – The role of Constitutional Court in presidential election

This paper emphasizes the role of the Romanian Constitutional Court in the election of the President of Romania. According to art.146 letter  f) of the Constitution, one of the main responsibilities of the Constitutional Court is to ensure the procedural requirements for the election of the President of Romania and to confirm the results. This attribution of the Court in an expression of its political  nature, which, together with its jurisdictional nature, assures the supremacy of the Constitution. Thus, the Court has a key position in the juridical aspects of the electoral process.

The paper compares these Romanian rules with the European Code of Good Behavior in Electoral Matters, which imposes some procedural guarantees for the electoral process, including an efficient appeal system. The paper emphasizes the role of the Constitutional Court regarding procedural guarantees, including appeal, and presents theoretical arguments for the Court’s potential role in the appeal process, including some interesting findings from the Court’s jurisprudence.