Romania’s Constitutional Court Upholds Law Against Online Antisemitism, Racism, Rejects President Dan’s Objection

Romania’s Constitutional Court has dismissed a legal challenge by President Nicușor Dan against a newly passed law that imposes stricter penalties for antisemitic, racist, fascist, and xenophobic expressions online.

The ruling clears the way for the controversial legislation to be signed into law, amid growing concerns about the rise of hate speech in the country’s digital and political spaces.

The law, passed by Romania’s parliament in June, amends the country’s 2002 emergency ordinance targeting Holocaust denial and fascist propaganda.

It expands criminal liability for individuals who promote extremist views on social media or who associate with organizations that glorify fascist or legionary ideologies.

Violations can now attract prison sentences of up to 10 years, depending on the gravity of the offense.

President Dan had returned the law to parliament earlier this month, questioning its constitutionality and raising concerns about what he called vague terminology—particularly references to “fascist” and “legionary” symbols and rhetoric. He argued that these terms lacked precise legal definition and risked infringing on free speech and legitimate political discourse, including the celebration of certain anti-communist historical figures.

However, the Constitutional Court ruled that the law is consistent with Romania’s constitution, declaring that its terms are clear and predictable enough to meet legal standards.

The judges noted that the legislation serves a legitimate aim by protecting democratic values and human dignity against hate-driven ideologies, particularly in a country still grappling with its historical involvement in fascist movements and antisemitic violence during the 20th century.

The court’s decision has been welcomed by Jewish leaders and human rights advocates. Silviu Vexler, the Jewish lawmaker who sponsored the bill, had sharply criticized President Dan’s initial challenge, describing it as more damaging than even the opposition voiced by far-right political factions. In a symbolic gesture of protest, Vexler returned his National Order of Merit in response to the president’s intervention.

Civil society groups and the Elie Wiesel Institute have documented a growing wave of antisemitism and hate speech in Romania, especially online and during electoral periods. Targets have included Jewish, Roma, LGBT, and Hungarian communities. The new law aims to provide authorities with stronger tools to counter this trend and deter hate-based propaganda.

The president is now constitutionally obligated to promulgate the law, with its enforcement expected to begin soon after. Observers have called for robust oversight to ensure the legislation is implemented in a way that balances the need for social protection with the preservation of freedom of expression.

The court’s ruling is seen as a significant moment in Romania’s continued efforts to confront its historical legacy of fascism and to align its legal system more closely with European human rights standards.