Romania: Court Rejects President’s Bid to Punish Antisemitism

Romania's top court struck down a challenge brought by President Nicusor Dan against a bill seeking harsher punishment for antisemitism and hate speech after a divisive election in which the far right gained ground.

An annual report released by the Elie Wiesel National Institute for the Study of the Holocaust in Romania said the country's election season was marked by a sharp increase of hate speech. Photo: Jaap Arriens/NurPhoto via Getty Images

The Romanian parliament amended the legislation in June; the new version of the law banned the glorification of fascist leaders and increased prison sentences for promoting antisemitism and xenophobia on social media. 

The centerist president took the steps after a tumultuous election period in Romania, in which NGOs noted an increase in hate speech against minorities, including Jews, Roma and Hungarians. 

The proposed law also included increased penalties for membership in organizations deemed racist. 

Objections were raised after the parliamentary vote by President-elect Dan in May. In his view, the law does not clearly define who is a fascist. And this, he argues, could lead to abuse by the courts. 

However, his complaint was rejected by Romania's Constitutional Court on Thursday. 

Wartime fascist leaders 

In early July, pro-Russian politician Calin Georgescu, the winner of Romania's annulled November 2024 presidential election, was charged by the Romanian prosecutor's office with promoting fascist ideology, as well as the cult of those convicted of war crimes. He faces up to three years in prison. 

An annual report released by the Elie Wiesel National Institute for the Study of the Holocaust in Romania on Wednesday said the country's election season was marked by a sharp increase in hate speech and aggression against Jewish, Roma, Hungarian and LGBT minorities, while also noting authorities were more actively enforcing legislation. 

Romania cancelled a presidential election in December after allegations of Russian interference – denied by Moscow – in favour of far-right contender Calin Georgescu, who was later banned from running in the May re-run and has since been sent to trial for promoting Romania's wartime fascist leaders.  

He has denied all wrongdoing. 

Romania had one of Europe's most violent antisemitic movements of the 1930s, the Iron Guard, known for political assassinations and pogroms. The country was an ally of Nazi Germany until August 1944, when it changed sides.

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