Suspensia constituțională: care este statutul mandatului Președintelui României după data de 21 decembrie 2024?

This article examines the constitutional implications of the annulment of the 2024 presidential election and its impact on the incumbent President of Romania. The study explores possible legal solutions, including extending the mandate, declaring the office vacant by establishing an interim presidency, and ensuring the continuity of the presidential function under Article 83(2) of the Constitution. It argues that the decision of the Constitutional Court, which upholds the President's tenure until the newly elected President takes the oath of office, is justified both by the interpretation of constitutional texts and the necessity of ensuring institutional stability. Furthermore, the article examines the constitutional status of the presidential mandate and the limits on presidential powers during this transitional period, considering the principle of loyal cooperation and the protection of constitutional order. It is argued that, in virtue of this principle, the President must exercise institutional restraint, and the use of powers under Articles 88-90 and Article 94(d) of the Constitution should be restricted to cases where they serve a general public interest. Finally, the article addresses the issue of suspending an interim President or a continuing President under Article 83(2), as well as the necessity of holding a national referendum for their potential dismissal.