Autor: Andrei-Viorel Iugan

Publicat în: Curierul Judiciar nr. 2/2021

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About the need for a special procedure in case of electoral fraud

Abstract: The exercise of power by the people will lead to positive results only to the extent that their will is respected. The sovereignty of the people presupposes that the choice of the majority of citizens regarding the person or persons entrusted with the power is fully respected. This aspect is the essence of democracy, any conduct by which the majority will of the population is hijacked, being completely excluded. It is not enough for a legal rule to lay down the rules of conduct which its addressees must follow. An essential element is that the respective legal norm also contains provisions regarding the sanctioning of persons whose conduct is contrary to the will of the legislator. In our opinion, a special procedure should be set up in the case of offenses which have resulted in election fraud, a procedure which should be carried out expeditiously and which will enable the case to be clarified as soon as possible. This study presents a series of proposals on the scope of such a procedure and the concrete way in which it is carried out.

Keywords: democracy; right to vote; electoral process; special procedure; electoral fraud.