2 ms·

I'm not looking to get into a legal debate about this, as I'm not a legal scholar. You stated something factually wrong and I pointed you to the paragraph of th

by cbg0 2y ago

I'm not looking to get into a legal debate about this, as I'm not a legal scholar. You stated something factually wrong and I pointed you to the paragraph of the law. The court is the single highest authority on constitutional matters and can pretty much decide what they want to on these matters, as well as how they interpret the law, but this is the case with every high court everywhere and it boils down to "who watches the watchers?".

blub 2y ago
Yes, the CCR can probably get away with what they’ve done, but when we’ve finished processing this there’s good chances that the decision will be proven to have been made outside of the court’s strict mandate. And even if they have a good excuse, the optics are very bad and potentially fatal for whatever is left of the trust in Romanian institutions.
- cbg0 2y ago
  Who will decide that the court has acted outside its own mandate? They are the only authority on constitutional matters. If you're referring to "the people" - based on what I've seen there's no street protesting going on over this. > And even if they have a good excuse, the optics are very bad and potentially fatal for whatever is left of the trust in Romanian institutions. Completely agree.
  - blub 2y ago
    I don’t know. Probably the posterity :) Given political support (with the exception of Lasconi) for the annulment, I expect that nothing will happen in the near future.
tsimionescu 2y ago
What I stated was not fa tally wrong, you are misinterpreting the law or my assertions. I have stated, and showed several times in different comments, that the law did not have an explicit power granted anywhere in the law to annul the entire electoral process. While the CCR is indeed preeminent in its interpretation of the law, it's every citizen's right to evaluate the law on their own and decide with their own mind if the courts are fair in their interpretations of the law. If the CCR came tomorrow and said that X will be the next president for the next five years because they are the best suited to do Y, I wouldn't have to accept their view as a fair reading of the law/Constitution. It's not like I'm claiming I have some right to block the Court's decision, I'm just saying that by my own mind they are in blatant disregard of the legal framework.

by cbg0 2y ago

blub 2y ago

Yes, the CCR can probably get away with what they’ve done, but when we’ve finished processing this there’s good chances that the decision will be proven to have been made outside of the court’s strict mandate. And even if they have a good excuse, the optics are very bad and potentially fatal for whatever is left of the trust in Romanian institutions.

cbg0 2y ago
Who will decide that the court has acted outside its own mandate? They are the only authority on constitutional matters. If you're referring to "the people" - based on what I've seen there's no street protesting going on over this. > And even if they have a good excuse, the optics are very bad and potentially fatal for whatever is left of the trust in Romanian institutions. Completely agree.
- blub 2y ago
  I don’t know. Probably the posterity :) Given political support (with the exception of Lasconi) for the annulment, I expect that nothing will happen in the near future.

tsimionescu 2y ago

What I stated was not fa tally wrong, you are misinterpreting the law or my assertions. I have stated, and showed several times in different comments, that the law did not have an explicit power granted anywhere in the law to annul the entire electoral process. While the CCR is indeed preeminent in its interpretation of the law, it's every citizen's right to evaluate the law on their own and decide with their own mind if the courts are fair in their interpretations of the law. If the CCR came tomorrow and said that X will be the next president for the next five years because they are the best suited to do Y, I wouldn't have to accept their view as a fair reading of the law/Constitution. It's not like I'm claiming I have some right to block the Court's decision, I'm just saying that by my own mind they are in blatant disregard of the legal framework.