RETRACTED: Constitutional Analysis of the Judgment of the Constitutional Court of Romania No. 32/2024 Annulling the Presidential Elections

Abstract

Publisher's later edit | January 14, 2026

Following the retraction of Viorescu, R., & Varela, D. (2024). RETRACTED with REPLACEMENT: Constitutional analysis of the judgment of the Constitutional Court of Romania No. 32/2024 annulling the presidential elections [Retracted]. European Journal of Law and Public Administration, 11(2), 243–260. https://doi.org/10.18662/eljpa/11.2/246, the authors have decided not to submit a replacement article. Therefore, no replacement will be published. The journal remains committed to upholding the highest standards of academic integrity.

THIS ARTICLE IS RETRACTED. Check the retraction notice, both here as in the PDF version of the article. 

This analytical approach aims at interpreting the reasoning of the CCR Decision no. 32 of December 6, 2024, which annuls the presidential elections, orders the resumption of the electoral process in its entirety and extends the mandate of the incumbent president until new elections are held and a new president is validated. Democracy is a fundamental element of the national constitutional order and of the European constitutional heritage, and the right to free elections is unanimously considered as the most profound expression of the organization of a democratic society (see also Decision No 242 of 3 June 2020, published in the Official Journal of Romania, Part I, No 504 of 12 June 2020, paragraph 105), being essential and determining for the democratic system. The right to vote and the right to be elected are crucial for establishing and maintaining the foundations of a genuine and effective constitutional democracy governed by the rule of law (see, mutatis mutandis, judgment of May 17, 2016, Karácsony and Others v. Hungary, paragraph 141), and are guaranteed by the Constitution. Thus, the Court holds that electoral rights are fundamental rights of a political nature, are a sine qua non of democracy and the democratic functioning of the State and are exercised in compliance with the requirements of the Constitution and the laws.

THIS ARTICLE IS RETRACTED. Check the retraction notice, both here as in the PDF version of the article. 

Retraction with Replacement Notice:

Article Title:
Viorescu, R., & Varela, D. (2024). Constitutional Analysis of the Judgment of the Constitutional Court of Romania No. 32/2024 Annulling the Presidential Elections. European Journal of Law and Public Administration, 11(2), 243–260. https://doi.org/10.18662/eljpa/11.2/246

Retraction Issued by:
Editors of European Journal of Law and Public Administration

Following a voluntarily request from both authors, Razvan Viorescu and Diego Varela, this article has been retracted from European Journal of Law and Public Administration. Both authors fully agree with and support this retraction.

Reason for Retraction:
The retraction was requested by the authors after it was discovered that, due to a regrettable error in communication and file transmission, a preliminary and unfinalized draft of the article was submitted and subsequently published. The authors have informed us that the initially submitted manuscript was sent in error and contains major inaccuracies. These errors, once corrected, significantly alter the article’s conclusions. The authors noted that the research and methodology remain valid and are not compromised by these corrections. The final, revised version of the article—free of these issues—was not transmitted to the journal in error.

Both authors have expressed their good faith and regret for this oversight and have requested immediate retraction of the article.

Voluntary retraction is a demonstration of the authors’ integrity and their commitment to maintaining the accuracy and reliability of the scientific record. Such actions are vital for upholding the standards of academic publishing and for preventing any potential collateral harm.

Replacement Publication:

The corrected version of the article (provided by the authors once they make sure, they have the final corrected version), will be published in the same issue (EJLPA,11(2)2024), listed at the end of the Table of Contents.

The retracted version will remain online in the same issue to maintain the transparency and integrity of the publication record. Both versions will be clearly marked and interlinked.

Actions to be Implemented:
In accordance with best practice and COPE’s Retraction Guidelines, the following actions will be taken:

• The article will be unmistakably identified as retracted in all online sources, including the journal website, table of contents, and all bibliographic databases.
• The title will be changed to "RETRACTED: Constitutional Analysis of the Judgment of the Constitutional Court of Romania No. 32/2024 Annulling the Presidential Elections."
• All versions of the article (including HTML and PDF) will be clearly watermarked as "RETRACTED."
• The full text of this retraction notice will be included at the beginning of the PDF version of the retracted article.

• The corrected version to be REPLACED will be published online in the same issue of the journal, at the end of the current Table of contents of the issue and will be linked with the RETRACTED version of the article, once the authors and editors in charge will provide the final version of the article for publication.

  Publisher's later edit | January 14, 2026

  Following the retraction of Viorescu, R., & Varela, D. (2024). RETRACTED with REPLACEMENT: Constitutional analysis of the judgment of the Constitutional Court of Romania No. 32/2024 annulling the presidential elections [Retracted]. European Journal of Law and Public Administration, 11(2), 243–260. https://doi.org/10.18662/eljpa/11.2/246, the authors have decided not to submit a replacement article. Therefore, no replacement will be published. The journal remains committed to upholding the highest standards of academic integrity.

These steps are designed to ensure transparency, prevent further citation or use of the withdrawn material, and maintain the integrity of the academic record.

Date of Retraction | October 20, 2025 

Last updated  based on authors and editors' decision | January 14, 2026 

This notice is issued in accordance with COPE’s Retraction Guidelines to ensure clear and transparent communication of the reasons and actions for retraction.