Against the backdrop of one of the most contentious electoral disputes in recent European history, we convened a high-level event in collaboration with the University of Florence bringing together legal scholars, policymakers, and election experts.
The focus? The annulment of the 2024 Romanian presidential elections and the broader implications for democracy, digital disinformation, and regulatory intervention.
The keynote speech was delivered by Marta Cartabia, Vice-President of the Venice Commission, President Emerita of the Italian Constitutional Court, and former Minister of Justice of Italy. A distinguished EUI alumna, Cartabia offered a powerful reflection on the delicate role of courts in safeguarding electoral integrity, particularly in an era where democracy faces new threats from digital disinformation.
When should a court annul elections?
Cartabia underscored that election annulments are an extrema ratio — a measure of last resort that must be carefully justified. While courts should intervene when democratic integrity is compromised, she stressed that, according to international standards, annulments should only occur if irregularities directly affect the outcome of the vote. “We are dealing with the fundamental right of citizens to express their democratic preference,” she noted, emphasising that courts must not be seen as overturning democracy, but as protecting its legitimacy.
She also highlighted the procedural challenges courts face when dealing with electoral disputes. In the case of Romania, the Constitutional Court was forced to act swiftly, as the second round of elections was scheduled just two days later. Courts must balance speed with due process, ensuring their decisions are based on strong evidence and well-reasoned legal argumentation. She also pointed to the importance of transparency: when time constraints do not allow for public hearings, at the very least, written arguments must be circulated to guarantee procedural fairness.
Digital disinformation and the challenge of electoral regulation
One of the most pressing questions Cartabia posed was whether current electoral laws are still fit for purpose in the digital age. The annulment of the Romanian elections was largely based on intelligence findings indicating foreign interference, aimed at swaying the vote.
These challenges raise pressing questions about electoral regulation in current times. Should entirely new laws be introduced to combat the growing threat of online electoral manipulation, or can existing frameworks be adapted to meet these new realities? And if disinformation poses a genuine risk to democratic integrity, how can legal measures counter it without encroaching on fundamental freedoms, such as free speech?
As Professor Andrea Simoncini (University of Florence) later noted, the aim should be to prevent such extraordinary judicial interventions in the first place: "Annulment is an out-of-the-ordinary measure, so let’s focus on making the ordinary regulatory toolkit work," he said.
The next step: strengthening national regulatory authorities
This shift in focus — from judicial intervention to prevention — makes the role of national regulatory authorities more critical than ever. These bodies are responsible for implementing key EU regulations like the Digital Services Act (DSA) and the European Media Freedom Act (EMFA), which aim to curb online disinformation and ensure greater transparency in digital campaigning.
This is precisely why events like this one are important. Forums for dialogue and collaboration support national and European authorities in sharing expertise, identifying best practices, and developing coordinated responses to new threats. “In an era where disinformation campaigns are often cross-border and highly sophisticated, no country can tackle these challenges alone,” said Pier Luigi Parcu, Director of the EUI Centre for a Digital Society and Centre for Media Pluralism and Media Freedom.
The event concluded with one clear message: the future of democracy depends not only on detecting and countering disinformation but also on strengthening the institutions responsible for implementing preventive measures. By supporting national regulators and fostering greater cross-border collaboration, we can better equip democracies to defend themselves before crises emerge.
This event was jointly organised by the Centre for a Digital Society and the Centre for Media Pluralism and Media Freedom at EUI and the University of Florence.