The presidential election law, contested by Mircea Geoană

Dissatisfied with the fact that, as an independent candidate in the presidential elections, he cannot have representatives in the Central Electoral Office, in the county and constituency electoral offices and not even in the polling stations, Mircea Geoană, former deputy general secretary of NATO, former PSD president and former foreign minister requested, on October 2, the People's Advocate to notify the Constitutional Court of Romania (CCR) regarding the provisions regarding the representation of independent candidates from Law no. 370/2004 regarding the election of the President of Romania. According to the notification submitted to the People's Advocate, Mircea Geoană's lawyers claim that the current legislation discriminates against independent candidates, affecting their equal chances in the electoral competition and, implicitly, the fundamental rights of voters.

The main issue raised by Mircea Geoană concerns the unequal treatment applied to independent candidates compared to those supported by political parties. According to Law no. 370/2004, only candidates proposed by political parties can appoint representatives in the electoral offices, from the level of the Central Electoral Office (BEC) to the electoral offices of the polling stations. This exclusion of independent candidates from the process of electoral representation, whether at the central or local level, creates a clear form of discrimination.

In the notification submitted to the People's Advocate it is stated that Law no. 370/2004 allows parliamentary political parties to secure representatives in the electoral offices of the first round of completion, giving them a major advantage, while independent candidates do not enjoy the same rights and do not have access to direct representation, which undermines them the chances in the electoral competition.

Among the articles contested by Mircea Geoană's lawyers is art. 16 para. (1), (4) and (6), as well as art. 18 and art. 22 of Law no. 370/2004. These provisions establish that only candidates supported by political parties have the right to appoint representatives to electoral offices at the central and local levels, excluding independent candidates. This situation creates an obvious imbalance between the competitors and prevents the fair exercise of the right to be elected, provided by the Romanian Constitution.

In addition, Article 47 of the law states that only candidates supported by political parties may appoint delegates to assist in the operations carried out by the electoral offices of the polling stations. Thus, independent candidates are deprived of the right to directly monitor the conduct of the elections, an exclusion that affects the transparency and fairness of the electoral process.

The entire legal request is based on the constitutional provisions of Articles 16 and 37, which guarantee equality of rights and the right to be elected. In addition, the jurisprudence of the Constitutional Court is invoked, which emphasizes that any differentiation in the treatment of candidates must be justified by an objective public interest. In the absence of reasonable justification, any exclusion or privilege granted to certain categories of candidates becomes unconstitutional.

The cited document also refers to articles 3 and 14 of the European Convention on Human Rights, which prohibit discrimination in the exercise of political rights, stating that the current electoral legislation in Romania violates the fundamental principles of the rule of law, democracy and national sovereignty, by favoring candidates supported by political parties to the detriment of independents.

Considering these aspects, Mircea Geoană requests the People's Advocate to intervene and refer the Constitutional Court, so that all candidates validated for the presidential elections of November 24, 2024 have the right to propose members in the electoral offices and appoint delegates in the polling stations , under equal conditions.