Unprecedented ‘Putin-style’ top court ruling rocks Romanian election

Romania’s top court stands accused of undemocratic election meddling after it removed an antisemitic, pro-Russia, far-right candidate from the presidential ballot, saying she would threaten the country’s position in the European Union and NATO.

Diana Șoșoacă, leader of the ultra-nationalist party S.O.S Romania who was elected to the European Parliament in June, was earlier this month banned from running in the two-round presidential elections on Nov. 24 and Dec. 8.

The unprecedented ruling by the Constitutional Court of Romania (CCR) sparked criticism from Șoșoacă’s rivals across the political spectrum, encompassing socialists, liberals and academics — with one figure even pointing to how it echoes the Kremlin’s electoral governance.

It is the first time the court has booted a candidate out of the presidential race based on their public statements, according to Alexandra Iancu, a professor from the faculty of political science at the University of Bucharest.

“It is puzzling because we have had previous candidates that weren’t necessarily in line with democratic values … but this issue hasn’t been raised before,” she told POLITICO. “It’s the first time [the] court looks at the values and principles of the constitutions and [sees] if the candidate substantiates them.”

The court’s decision triggered an outraged, antisemitic response from Șoșoacă, in which — with no evidence — she accused the EU, Jewish people, Americans and the French of plotting against her, along with the court itself.

The CCR concluded in its public judgment that Șoșoacă, based on her public speeches and available positions, wouldn’t be able as president to respect the country’s constitution and protect democracy, while threatening Romania’s membership in NATO and the EU.

The court said it observes “a promotion of a constant anti-democratic and antisemitic discourse by Mrs. Diana Iovanovici-Șoșoacă” as well as “systematic, persistent and long-lasting behavior aimed [at] undermining the constitutional foundations of the Romanian state and its guarantees, namely Romania’s membership in Euro-Atlantic structures.”

Șoșoacă has previously called for the EU to stop providing weapons to Kyiv in its resistance against Russian President Vladimir Putin’s full-scale invasion and even said Romania should annex some Ukrainian territories.

During an interview with POLITICO last week she hit out at Israel, the United States and the secret services of both countries, which she claimed “influence[d] the court’s decision,” though did not provide any evidence for her claims.

“The United States government supports Romanian courts’ independence and does not influence decisions,” the U.S. Embassy spokesperson in Bucharest told POLITICO. The Israeli Embassy did not respond to a request for comment.

Doubts about independence

But Șoșoacă wasn’t the only key figure to be dumbfounded by the court decision.

Among her opponents, the socialist Prime Minister and current presidential candidate Marcel Ciolacu, and MEP Eugen Tomac from the liberal Renew Europe group in Brussels, were critical of the ruling — despite vehement disagreements with Șoșoacă on policy.

“Diana Șoșoacă represents all that is evil in Romanian politics,” Tomac told POLITICO.

“However, this kind of reckless politician should not be stopped using Putin-style methods,” Tomac added. “The Constitutional Court’s decision is questionable and hard to understand … Șoșoacă should be removed by voters at the polls or sanctioned by those who defend dignity and citizens’ rights through democratic processes.”

Recent presidential election polls show that the race will be tight and suggest that Ciolacu (20.3 percent) and independent former NATO Deputy Secretary-General Mircea Geoană (21.4 percent) will move forward to the second round. Before expulsion, Șoșoacă was polling at around 13.6 percent, which had her in fourth place at the time.

According to the political analyst Iancu, George Simion from the more renowned far-right party Alliance for the Unity of Romanians (AUR) is likely to gain votes that would otherwise have gone to Șoșoacă.

Șoșoacă called on Ciolacu and Geoană to withdraw from the presidential race so that the elections could be restarted and she could submit her candidacy again. Both leading candidates rejected the idea.

Ciolacu, however, said that the court’s reasoning “reinforces the discussion on the need for a broad reform of the CCR.”

“This discussion must be based on the reality that the current procedure turns the CCR into a court which does not give the person concerned the right to a defense or appeal … The only rational and serious discussion in society must be about the reform of the CCR. And that is what I will do,” he said.

Iancu, however, said that CCR reform has been on the table for a long time, with no politician able to succeed, because ultimately “all laws go to CCR.”

“Nothing is going to happen to the Constitutional Court,” she said.

The CCR declined POLITICO’s request for an interview “in order to avoid partisan speculation.”

“Statements or interviews by any judge during the initiation and conduct of the election campaign are not appropriate,” the court said.

Whether the court decision gives an accompanying boost to Simion, the other far-right candidate in the race, remains to be seen. But it has certainly thrown the campaign into tumult.