On December 6th, the Romanian Constitutional Court (CCR) annulled the Presidential Elections. The CCR’s decision followed the disclosure of intelligence documents on December 4th. These showed Russian interferences in the electoral process and campaign, via propaganda and disinformation. The gravity of the violations evidenced by the documents released, coupled with the many concerning declarations by Călin Georgescu, made the CCR’s intervention vital. However, the modalities of and belatedness of the CCR’s and the Romanian authorities’ response with respect to this unfolding mess do nothing but exacerbate the root causes of Georgescu’s win, bolstering his claim that democracy is being denied to the people of Romania.
And i think that this is where it does become best for Democracy to not go by impact, because the subjectivity of it can easily be abused and this is also what the article sees as a problem in arguing that the choice to invalidate the one but not the other election was likely motivated by how favorable or unfavorable the result was to the current government. And this also will likely be exploited against Democracy as the author of the article points out.
It is a fundamental weakness of Democracy, that it has to adhere to neutral processes even in the face of bad actors wanting to destroy it. The problem is that these bad actors already win, by pushing the democratic actors into decisions like having to redo an election. That is why these difficult decisions should be made on as much of a politically neutral basis as possible. With the interference in Romania being so evident and severe, i think this should cover both elections to be redone.
It could be abused by a corrupt court, at which point we’d have a bigger problem than election interference and which can also be influenced by the wider state and the electorate itself, while going by effort can be abused by a foreign actor, over which neither have much influence.
If only there was a political theory addressing it. Just as with the paradox of tolerance, no, a democracy does not have to and should not offer a neutral playing field to forces wishing to abolish it.
To quote Goebbels:
Even though the results are, broadly speaking, unaffected by the influence? Russia is just going to spend some money to influence the next ones, probably again have negligible impact, yet they’re again going to get annulled, and then in the next ones, and the next – Romania is never going to have a parliament at that rate.
You’re handing the adversary a weapon, whereas the way to actually protect democracy is to stack everything against the enemies of democracy where we can, including the legal framework. This is not a debate club, it’s a war, you don’t win wars by being magnanimous.