Romania’s Supreme Court Denies the President’s Attempt to Strengthen the Law Against Antisemitism and Hate Speech

President Nicusor Dan’s arguments against harsher penalties for racist and antisemitic online speech have been rejected by Romania’s highest court.

Following a contentious election that witnessed a surge in support for the far-right, Romania’s Constitutional Court on Thursday rejected a court challenge brought by President Nicusor Dan against a bill intended to strengthen penalties for hate speech and antisemitism.

In addition to introducing jail sentences for spreading antisemitism and xenophobia on social media, the legislation, which was approved by Parliament in June, strengthens the prohibitions on glorifying fascist leaders and symbols. Additionally, it lengthens prison terms for people who start or join racist organizations.

President Dan contended that judges might interpret the measure arbitrarily since it did not adequately define what a fascist is. But the court dismissed his objections in a majority decision.

The decision was made the day after the annual report from Romania’s Elie Wiesel National Institute for the Study of the Holocaust revealed a spike in hate speech and violence against the LGBT, Roma, Hungarian, and Jewish populations during the most recent election season. Authorities were enforcing laws more vigorously, according to the report.

Due to claims of Russian meddling in favor of far-right candidate Calin Georgescu, which Moscow has denied, Romania canceled its presidential election in December. Georgescu has now been charged for endorsing Romania’s wartime fascist leaders, despite being prohibited from running in the May rerun. He denies any misconduct.

Antisemitism has a long history in Romania, particularly in the 1930s when the Iron Guard—a violent far-right group notorious for pogroms and political killings—became well-known. Before changing its allegiance in August 1944, the nation was an ally of Nazi Germany.