Georgescu's appeal regarding the annulment of the presidential elections, sent to the CAB

The appeal filed by Călin Georgescu against the decision by which the Central Electoral Bureau (BEC) stopped the second round of the presidential elections on December 6, following the annulment of the entire electoral process by the Constitutional Court of Romania, will be heard by the Bucharest Court of Appeal (CAB), according to the decision taken yesterday by the High Court of Cassation and Justice (ÎCCJ).

The appeal filed by Călin Georgescu aims to annul BEC decisions no. 230D of December 6, 2024, 231D and 232D of December 7, 2024. These decisions led to the annulment of the presidential elections, a decision contested by Călin Georgescu and the organization Coalition for the Defense of the Rule of Law. The appellants also request that the Romanian Government be required to issue a new decision regulating the organization of a new electoral vote. Among the parties sued as defendants in this case are important institutions, such as the Romanian Government, the Ministry of National Defense, the Romanian Intelligence Service, the Foreign Intelligence Service, the Constitutional Court of Romania, President Klaus Iohannis and Elena Lasconi - Georgescu's opponent in the second round of the presidential elections.

Călin Georgescu claims that the decisions by which the elections were annulled represent a violation of democratic principles, accusing the involvement of certain institutions in this process. On the other hand, the defendants claim that the measures adopted were aimed at protecting the legality of the electoral process.

After analyzing the appeal and the jurisdiction, the High Court of Cassation and Justice decided to reject the exception regarding the general incompetence of the courts invoked by the Prosecutor General's Office, the Romanian Intelligence Service and the Defense Staff, qualifying it as unfounded, and to admit the exception regarding the material incompetence of the High Court of Cassation and Justice. As a result, the High Court of Cassation and Justice decided to decline jurisdiction to the Bucharest Court of Appeal - Administrative and Fiscal Disputes Section. The decision is final and without appeal, and the process will continue at the competent court, according to the decision.

We recall that last week, the High Court of Cassation and Justice rejected as inadmissible the appeal filed by the leader of the Romanian Red Army, George Simion, against the decision of the CCR to annul the presidential elections. In the Georgescu case, since he appealed the BEC decision, and not the CCR decision, the jurisdiction to resolve the matter belongs to the Bucharest Court of Appeal, a court that will now decide on the merits of the case, analyzing both the legality of the BEC decisions and the legal grounds invoked by the challengers. The court's decision could have major implications for political stability in Romania and for the organization of a new electoral process.