Lid versus (rumunský) Ústavní soud

The article analyses the landmark decision of the Romanian Constitutional Court in December 2024, which annulled the presidential elections due to the misuse of social media and disinformation campaigns. It discusses the concept of „militant democracy“, the conflict between democratic principles and the rule of law, and the intervention of the courts in the electoral process. The text also compares Czech and Romanian practice, particularly in terms of evidentiary standards and restraint in decision-making. The author draws attention to the need for transparent and effective mechanisms to protect the integrity of elections from hybrid threats, especially in the era of digital technologies and social media. He concludes by mentioning the risks of judicial activism and the need for a balance between legal and democratic approaches.