An expert in constitutional law explains why the decision of the Ploiești Court of Appeal that decided to suspend and annul the CCR decision is “a profound error and interpretation”
The teacher and expert in constitutional law Bogdan Dima, explained, for the public Hotnews.ro, that the decision of the Ploiești Court of Appeal that decided on Thursday to suspend and annul the CCR decision to cancel the December 6 does not produce legal effects.
“The basic idea is that it is a profound error of judgment and interpretation that the judge does and does not produce legal effects. Things will take place as it is carried out at this time, and there will be an appeal and further we will see what is happening,” explained the expert.
Judge Alexandru Vasile, who suspended the CCR decision made “a colossal judicial error, taking into account the fact that he canceled an act that is not an administrative act, but a jurisdictional act, issued by the Constitutional Court, taking into account its unique and exclusive competence. It is a major confusion,” says Bogdan Dima.
Return to round two, an “aberration”
Asked if there is a chance that the annulment of the Court of Appeal will lead to the return to the second round of the December elections, Bogdan Dima says that the decision has no legal relevance. “From a political point of view, of course he has a relevance, because everyone will play in the useful key to each political group.”
“There are other possible ways. It is not possible to enter with the feet over a competence that is exclusive of the Constitutional Court. So, here we are dealing with a zealous judge who has found to make a rather political than legal gift,” said the teacher.
“I am convinced that the High Court will do justice properly in this situation”, which he calls “an aberration”.
“The decision must be motivated, it can be appealed with appeal, it will not have the impact that is carried,” said the expert.
The Ploiești Court of Appeal has decided to suspend and annul the RCC decision on the annulment of elections
The Ploiești Court of Appeal ordered on Thursday, April 24, to suspend the execution and to annul the Decision no. 32 of December 6, 2024, by which the Constitutional Court annulled the presidential elections last year. The decision can be challenged in five days after the ruling, writes on the court portal, and the appeal will be judged by the High Court of Justice and Cassation, which, on January 17, has definitively rejected Călin Georgescu's request aimed at resuming the second round of the presidential elections.
The decision of the Ploiești Court of Appeal was taken ten days before the first round of the presidential elections, which will take place on May 4, 2024.
A judge from the Ploiești Court of Appeal, a court that made this decision, explained for Hotnews that the main request to the court was to annul the decision of the Constitutional Court, and the court decision is not final and can be challenged at the Supreme Court.
