Judicial Chaos in Romania: Court of Appeal Overturns Presidential Election Annulment

In a landmark ruling delivered on 24 April 2025, the Ploiești Court of Appeal provisionally suspended and ultimately annulled the December 2024 decision of Romania’s Constitutional Court (CCR), which had voided the results of the first round of last year’s presidential election. The order, handed down by Judge Alexandru Vasile, throws the upcoming second round—scheduled for 29 April 2025—into legal uncertainty and will itself be subject to appeal at the High Court of Cassation and Justice (ÎCCJ).

On 6 December 2024, the CCR issued Decision No. 32, declaring the 24 November 2024 first-round vote invalid, citing systemic procedural irregularities uncovered in declassified security documents alleging foreign-state interference in favour of Calin Georgescu, the nationalist candidate.

That verdict—final and unappealable under Romania’s Fundamental Law—prompted plans for a repeat presidential contest in spring 2025. Additionally, the decision initiated the investigation procedures against Calin Georgescu.

The Ploiești Court of Appeal’s Decision

Acting on a contentious administrative lawsuit (Case No. 301/42/2025), Judge Vasile granted the plaintiff’s request to suspend execution of the CCR’s annulment ruling and subsequently declared that ruling null and void. The judgment orders the CCR to cover the court stamp tax of 70 lei. However, under statutory procedure, the CCR has five days to file a recourse with the ÎCCJ.

Immediate Reactions and Appeals

• Constitutional Court & Prosecutor’s Office: Both the CCR and the Ploiești Prosecutor’s Office have already lodged appeals against the Ploiești verdict, seeking its reversal at the ÎCCJ.
• Central Electoral Bureau (BEC): The BEC has maintained that the Ploiești ruling has “no practical effect,” emphasizing that its December 2024 decision confirming the vote invalidation—and subsequent government orders based on it—remain presumptively legal and binding.
• Consiliul Superior al Magistraturii (CSM): In light of the intense public interest, the CSM’s Judges’ Section has referred Judge Vasile to the Judicial Inspection for a disciplinary probe, noting that in nearly 30 identical challenges nationwide, appeal courts uniformly dismissed such actions.

Former CCR President Augustin Zegrean condemned the Ploiești decision as “untenable,” underscoring that Constitutional Court judgments are “generally binding upon publication in the Official Gazette” and expressly immune from judicial review by any ordinary court. He warned that, should the ruling stand, it would automatically nullify the scheduled April 29 runoff, recreating a legal vacuum over the entire electoral process.

Implications for the Electoral Calendar

With the second round days away, the Ploiești decision threatens to paralyse the campaign and voting procedures. International partners and election observers are expected to await the ÎCCJ’s definitive ruling before acknowledging any presidential victor. Until then, candidates may continue campaigning, though the legality of polling stations, ballot printing and voter mobilisation remains in limbo.

The ÎCCJ will have the final say on whether a court of appeal can override a Constitutional Court decision. Its forthcoming judgment will either reaffirm the CCR’s exclusive constitutional authority or, for the first time, validate an appellate court’s power to annul a constitutionally binding act—thereby setting a profound precedent for Romania’s separation of powers and constitutional jurisprudence.