Diana Şoşoacă incites disrespect for the Constitution and the legislation in force

George Marinescu
English Section / 25 noiembrie

Diana Şoşoacă incites disrespect for the Constitution and the legislation in force

Versiunea în limba română

The European deputy, Diana Iovanovici-Şoşoacă and her party colleague, deputy Ciprian Ciubuc, have demonstrated once again that they do not intend to respect the Romanian legislation, regardless of the field. Diana Şoşoacă filmed herself live in the voting booth, without anyone stopping her, while she wrote her name on the ballot and voted, although her candidacy had been annulled by the Constitutional Court. Moreover, Şoşoacă took over on her official Facebook page and TikTok a live broadcast made on her mobile phone from the voting booth, by her colleague Ciprian Ciubuc, while he drew a square with a pen on the ballot where he wrote the name of his party colleague and voted for her. The live broadcast was also posted by Mr. Ciubuc on his official social media pages, with SOS supporters taking up the idea and putting it into practice, according to the photos and videos posted to this effect by Diana Şoşoacă on her official Facebook page.

Users of these networks noticed the illegality committed by the two and notified the Police. Later, the Ministry of Internal Affairs stated in a press release: "Several cases have been reported in which voters, including a deputy and a MEP, would have photographed or filmed their ballot while they were in the voting booth. Investigations are ongoing."

Practically, through the gesture in yesterday's presidential elections, Diana Şoşoacă and her prominent party members validated the logic expressed in the reasoning of the decision by which the Constitutional Court magistrates rejected her candidacy in the presidential elections, in the light of the fact that her eventual election would not entail a valid oath, because the head of SOS Romania does not respect the Constitution of Romania, having made several unconstitutional statements.

Diana Şoşoacă demonstrated yesterday that she does not respect the electoral legislation either, which provides in law 307/2024, in article 55 letter m, that failure to comply with the decisions and rulings of the electoral bureaus, failure to comply with the decisions and instructions of the Permanent Electoral Authority and failure to comply with the decisions of the Constitutional Court constitute a contravention, unless they were committed in such a way as to be considered crimes. These contraventions are sanctioned according to art.56 with a fine of 1000 to 2500 lei.

The act of Diana Şoşoacă and her colleague, who published on social networks the modified and voted ballots for the head of SOS, also falls under the provisions of letter t of the same article which prohibits the continuation of electoral propaganda after its conclusion, as well as advising voters at the polling station headquarters on the day of voting to vote or not to vote for a certain candidate. This contravention is sanctioned according to art. 56 with a fine of 1500 to 4500 lei.

The live broadcast made on TikTok from the voting booth will also be sanctioned with a contravention fine.

Unfortunately, Diana Şoşoacă's attitude cannot be stopped only with a contravention sanction, especially since the MEP urged citizens on her official Facebook page to have such an attitude. In the respective post in which she publishes pictures of ballots modified for personal interest, Şoşoacă shows: "The right to civil disobedience! Fundamental human right! Vote for the banned president! Cancel the system! Cancel the power of the system! Bravo dear Romanians! This is the true attitude when the system establishes a dictatorship!".

Especially since, after the CCR decision by which she was eliminated from the presidential race, Diana Şoşoacă announced in a live broadcast with Luis Lazarus exactly this: that her supporters can vote with her on the ballot, even if it is not passed, because the elections would be thus canceled because the will of the people was not taken into account. We note that from the analysis of the electoral provisions in our country and the constitutional provisions regarding the election of the President of Romania, there is nowhere as a reason for cancellation what Şoşoacă was asking his supporters in that live broadcast. There is only one opinion of the Venice Commission, which recommends that, if the annulled votes are in a significant number, the authorities in that country should verify what the will of the citizens really is. It is just a simple recommendation, which in our country, if implemented, would be dealt with by the Constitutional Court. That is, the exact public institution that decided that Diana Şoşoacă cannot run for the presidential elections.

What Diana Şoşoacă did is called premeditation in criminal law. Therefore, her actions and those of her party colleague cannot be classified only as contraventions, but are crimes provided for by criminal legislation.

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