On 7 January, the European Court of Human Rights (ECHR) announced its decision regarding compensation for damage resulting from the failure of the Romanian state to enforce the restitution of property nationalised by the communist regime between 1945 and 1989. In 2022, the ECHR ruled that Romania violated the rights of 53 Romanian applicants to the protection of property. These applicants had obtained judgments in their favour from domestic courts, either granting them possession of their property or compensation, which were subsequently not adequately enforced. Following the 2022 judgment, the parties failed to reach a settlement. With this decision, the ECHR gives the Romanian government three months to pay immediate compensation, and a time limit of 12 months for the execution of judgments in cases concerning restitution of property.  

Sources: ECHR (1), ECHR (2), Juridice (1), Juridice (2), Council of Europe 

The European Court on Human Rights (ECHR) found that Romania’s legal framework failed to protect a woman from online harassment when her ex-partner published intimate pictures online without her consent in 2016. The ECHR also ruled that the criminal investigation by Romanian authorities into the allegations had been ineffective, and failed to protect her from potential further abuse and to secure required evidence. In 2018, the woman complained to the Prosecutor’s Office that a police officer had sought to persuade her to withdraw her complaint. Romanian authorities argued that the relevant provision of the Criminal Code on the invasion of privacy could not be applied as she had sent the photographs to her partner willingly. The ECHR ruled that there had been a violation of the woman’s right to respect for private and family life, and issued a small fine. In 2023, legislation entered into force in Romania to protect victims of “revenge pornography.”

Sources: European Court of Human Rights, Balkan Insight, ProTV

On 12 December, the European Council confirmed Romania’s full admission to the Schengen visa-free travel area, effective 1 January 2025, ending most border controls for intra-Schengen travel. This is expected to facilitate foreign travel for Bulgarian citizens and enhance travel, trade and tourism. In March 2024, Romania was partially admitted to the Schengen area when internal air and sea border controls were lifted. The European Commission first confirmed that Romania had met the technical criteria for Schengen membership in 2011, but its accession was long opposed by Austria over concerns about irregular migration and security. A 2022 EU fact finding mission reconfirmed Romania’s readiness for accession, and lauded steps taken to strengthen the governance of its external border systems based on a national strategy for integrated border management. The mission report also highlighted strong international cooperation with neighbouring countries and with Frontex, Europol and other EU authorities, as well as anti-corruption measures within law enforcement.

Sources: European Council (1), European Council (2), Balkan Insight, RFE/RL, DW, International IDEA

The ruling Social Democratic Party (PSD) won parliamentary elections held on 1 December, in which the 331 seats in the Chamber of Deputies (the lower parliamentary house), and the 136 seats in the Senate (the upper house) were up for election. PSD won the largest vote share in both chambers but fell short of a majority, securing 86 seats (22.0 per cent of the vote) in the Chamber of Deputies. The far-right Alliance for the Unity of Romanians (AUR) party came second with 63 seats (18.0 per cent) in the lower house, followed by the National Liberal Party (PNL), a junior partner in the outgoing ruling coalition, with 49 seats (13.2 per cent). A total of seven parties will be represented in the new legislature. Voter turnout reached 52.0 per cent, the highest of any parliamentary election since 2004. Women legislators will make up 22.4 per cent of the Chamber of the Deputies (up from 19.2 per cent before the election), and 20.3 per cent in the Senate (up from 17.8 per cent).

Sources: Permanent Electoral Authority, Robert Schuman Foundation, International IDEA, Romania Insider, IPU (1), IPU (2)

On 6 December, the Constitutional Court annulled the first round of the presidential election, held on 24 November, in an unprecedented decision, citing “multiple irregularities,” including violations of campaign finance regulations and lack of equal opportunities for candidates.  On 2 December, the Constitutional Court confirmed the results of the election following a recount in view of legal challenges brought by Presidential candidate Cristian Vasile Terheș. However, the Court then reversed the decision, announcing the annulment amid ongoing voting in the run-off in the diaspora, and following statements by the Supreme Council for National Defense (CSAT) that cited evidence of cyberattacks and Russian efforts to influence Romanian social cohesion. CSAT also criticized TikTok for promoting campaign content without proper labelling, violating electoral law. On 29 November, the European Commission ordered TikTok to report on its management of information manipulation risks under the EU’s Digital Services Act. As a next step, the government will establish a timeline for a new presidential election, expected in spring 2025. 

Sources: European Commission, Digi24, Foreign Policy, Constitutional Court, Supreme Council for National Defense (CSAT), RFERL, The Conversation 

On 4 October, the European Court of Justice (ECJ) ruled that Romania violated the rights of a British-Romanian citizen, particularly the principles of non-discrimination and freedom of movement, as it failed to recognize a change to their legal gender effected in the United Kingdom in 2020. Romanian authorities refused to issue new identity documents reflecting this change, instead referring the citizen to a Bucharest Court to initiate a new legal process. The ECJ determined that requiring a new procedure in another EU member state to change the gender identity was unjustified. This ruling establishes an important precedent for the mutual recognition of legal gender recognition across the EU, and it highlights the importance of legal gender recognition to transgender individuals’ ability to travel, work, or vote freely across the EU. 

Sources: Euronews, ILGA-Europe, InfoCuria, RFE/RL, Court of Justice of the European Union