The Role of the Constitutional Court as A Warranter for Ensuring the Election Procedure of the Romanian President – The Experience of 2014 –

Abstract

The article aims to emphasize the role of the Constitutional Court, in its capacity of guarantor of constitutional legal order, in the election procedure of the President of Romania. In this regard, we have identified the attributions of the Constitutional Court in what concerns the contesting of candidates, the solving of claims for annulment of elections after the first and second voting round, the validating of elections after the first and second voting round and the validating of elections for the President of Romania. Equally, we undertook a comparative analysis between the procedure for electing the President of Romania held in 2009 and the one held in 2014, with the purpose of identifying the types and number of complaints which the Constitutional Court was vested to answer. Finally, we indicated possible remedies to improve the exercise of voting right by regulating complementary methods, such as voting by correspondence.

Keywords: presidential elections, voting right, voting by correspondence, the Constitutional Court, contesting of candidates, validation of elections.