Romanian president’s challenge dismissed as top court upholds law against fascist, antisemitic propaganda

The Romanian Constitutional Court (CCR) unanimously rejected president Nicușor Dan’s challenge to a law seeking harsher punishment for fascist, legionary, antisemitic, or xenophobic materials. The law, which amends Emergency Ordinance no. 31/2002, will now proceed to promulgation.

One of the most significant changes introduced by the legislation is the criminalization of distributing such content online, with penalties ranging from six months to five years in prison. The law targets not only fascist and antisemitic propaganda but also the denial of the Holocaust and war crimes.

In its July 17 ruling, the CCR found that the law is constitutional, rejecting claims that it violates free speech or lacks legal clarity, Biziday.ro reported. The judges emphasized that the provisions are “clear, precise and predictable,” and aligned with the law’s legitimate goal of protecting core democratic values, human dignity, and fundamental rights through criminal sanctions.

The court further argued that ideologies such as Nazism, fascism, and legionary movements are rooted in historical and political realities that led to totalitarian regimes responsible for systemic violence, political assassinations, and genocide. These ideologies, the judges stated, “cannot be relativized through positive legal definitions” and inherently contradict democratic principles and the rule of law.

President Nicușor Dan had raised concerns over the lack of a legal definition for the term “legionary” and the potential infringement on freedom of expression. Another concern raised was the lack of a clearly designated authority responsible for determining whether an organization is fascist, racist, or xenophobic, which, the president said, could lead to inconsistent rulings in both administrative and judicial practice. His objections, however, were deemed unfounded by the court.

A previous challenge to the law by opposition MPs was also dismissed last week.

(Photo source: Inquam Photos/Octav Ganea)