ECHR rejects Călin Georgescu’s request to suspend Romanian top court’s decision to cancel presidential elections

The European Court of Human Rights (ECHR) decided on Tuesday, January 21, not to issue an interim measure in the case in which Călin Georgescu appealed the Romanian Constitutional Court’s decision to annul the 2024 presidential elections. The former candidate had requested that interim measures be given, indicating, in particular, that the top court’s decision should be suspended and the election process resumed.

The decision was taken unanimously by a chamber of seven judges, ECHR announced.

“In its decision, the Court reiterated that, in conformity with Rule 39, interim measures were applicable only in cases of imminent risk of irreparable harm to a Convention right which, on account of its nature, would not be susceptible to reparation, restoration or adequate compensation. Such measures could, moreover, be adopted only in exceptional circumstances, where this was necessary in the interests of the parties or the proper conduct of the proceedings,” the ECHR said.

“The Court rejected Mr Georgescu’s request as outside the scope of application of Rule 39. Taking into account his request, along with the grounds and reasons supporting it, the Court held that in accordance with its well-established practice, Mr. Georgescu’s request did not concern an imminent risk of irreparable harm within the meaning of Rule 39 § 1 of the Rules of Court. The Court considered that the request fell outside the scope of Rule 39 of the Rules of Court, and decided not to indicate to the Government of Romania the interim measure sought,” it added.

Ultranationalist, EU-skeptic Călin Georgescu ran as an independent in the presidential elections of 2024 and surprisingly won the first round held on November 24. He was supposed to face Elena Lasconi, the leader of the reformist party USR, in the runoff on December 8, but the Constitutional Court decided on December 6 to annul the entire electoral process, citing declassified reports alleging Russian involvement in cyber activities aimed at undermining the integrity of the electoral process.

On December 16, alleging infringements of his rights provided for in several articles, Georgescu sought interim measures under Rule 39 of the Rules of Court (interim measures) against the Constitutional Court’s decision to cancel the elections. Specifically, he requested suspension of the effects of the Constitutional Court’s decision and asked the ECHR to oblige the government of Romania to resume the electoral process, respecting the results of the first round, and to organize the second round of the presidential elections.