The Technical Managerial Elites Have Declared War On Democracy
Lawfare is the weapon of choice used to crush populism
You may think it is only Romania, a faraway country that most westerners casually ignore. But the annulment of this nation’s Presidential Election by the Romanian Supreme Court resembles the kind of political coups against democratic decision making that haunted Europe in the interwar era. This Coup marks an important escalation of the managerial elites’ attack on democratic decision making.
The reason that the Romanian Constitutional Court gave for cancelling the first round of last month’s presidential election was the allegation of Russian interference in the electoral process. Russian interference in elections has become the go to excuse to de-legitimate the result of an election that goes against the outcome desired by the Technical managerial elites. Back in 2016 they blamed people voting for Brexit on Russian conspiracies and bots. Allegations of Russian interference flourished in the aftermath of Donald Trump’s 2016 electoral victory. This year the European Union ‘s Oligarchy blamed Russian meddling on the social media for the success of right-wing populist parties[i].
The reality is that all kinds of regimes, parties and interest try to influence the outcome of elections in countries other than their own. The United States no less than Britain or Russia attempt to exercise their influence in the domestic affairs of other nations. But in the end these foreign actors do not get to vote. It wasn’t Russian bots but Romanian citizens who slipped their vote into the ballot boxes. It was they who decided to reject what they perceived as a discredited holders of political office
The real reason for the Coup in Romania was that its political establishment was alarmed by the totally unexpected victory of a right wing outsider candidate Calin Georgescu in the first round of the presidential election. Fearing that this anti-establishment candidate would win the Presidency, the Constitutional Court along with the complicity of Romania’s political elites decided to give democracy a rest.
The Romanian Coup represents the most blatant example of an explicit assault on democracy in recent times in Europe. However flagrant, the violation of democratic norms has become widespread by forces hostile to the growing influence of populism. Typically, the weaponization of the rule of law or Lawfare is used to prevent populist movements from gaining influence. Take the case of the French Technical Managerial Elites. They fear that the growing popularity of the rightwing movement, the Rassemblement National could lead to its leader, Marine Le Pen winning the next Presidential election. That is why the Courts have been mobilized to prevent her from running for office.
It seems possible that the French Courts will rule that Le Pen should not be eligible to run in the elections. The courts will issue a verdict on 21 March 2025, in a case where Le Pen is accused of financial embezzlement from the European Parliament. In a vindictive manner prosecutors have asked judges at the Paris criminal court that any sentence shutting Le Pen out of public office be applicable even if she appeals the court's ruling[ii]. It is evident that case bought against Le Pen is principally motivated by a political agenda.
Romania’s President Klaus Iohannis announced he would not leave the presidency when his term ends. He will stay until as long as the Courts need him – presumably to fend off the threat posed by a populist candidate. In this respect Iohannis is not all that different to his colleague, the French President Emmanuel Macron. Though he has little support in Parliament and struggles to find a Prime Minister that he can work with, Macron stated that he will not resign. It may well turn out that Macron will emulate his Romanian friends and will not hesitate to hang on to office through the assumption of special powers.
One important target of the war on democracy is the social media and outlets that are independent of the legacy media. The failure of the legacy media to influence voters in last month’s American elections have taught the managerial elites to be vary of the social media. Through 2024 they did their best to curb free speech through inventing regulations designed to insulate society from dissident views. The hysteria surrounding Tik-Tok offers a paradigmatic example of elite anxiety towards media that they struggle to control. Expect the intensification of media control by politicians speaking through their friends in the judiciary.
Lawfare is founded on the juridification of politics and the politicisation of the Courts. It subjects democratically arrived decisions to the verdict of unelected judges. In effect, political decisions are made by individuals wearing robes and experience shows that these individuals are bitterly hostile to the aspirations of populist movements, especially of those on the right.
It is important to understand that the politicisation of the Courts violates a founding principle of democracy – liberal democracy, social democracy, Christian democracy are founded upon the principal that law and politics must be kept as far from each other as possible. What we have today is not simply the case of a traditional judicial over-reach but a situation where the rule of law is systematically deployed to serve political ends.
In particular the political culture of the EU is oriented towards using Lawfare to maintain its federalist ambition. It uses the courts to avoid the need to engage with the electorate and to convince citizens to adopt views that are generally unpopular in wider society. It relies on the pronouncement of the courts to side-step having to win the argument on contentious issues. From this perspective a Court-led political coup is a small prize to pay for protecting the interest of Europe’s managerial elites.
[i] https://www.thetimes.com/world/europe/article/eu-brussels-analysis-russian-meddling-swing-right-wing-parties-xz7ldhnsr
[ii] https://www.france24.com/en/france/20241127-french-court-to-rule-on-electoral-ineligibility-for-far-right-leader-le-pen-in-march
So, voters are mindless sheep led astray by Russian interference. At least, it is believed that some are as Russian interference only seems to affect people who vote the wrong way. The elites and their hangers on are immune to propaganda. What accounts for the difference? Something genetic? It's a nonsense, of course, and if the Russians were not currently the geat electoral bogey man then it would be some other bad actor manipulating voters, the Chinese or North Koreans perhaps
Some of the elites in the UK, EU and US may genuinely think that they would be favoured but for foreign interference - the belief is a comfort blanket for their vanity - but for other members of the elites it is a cover story for the lawfare, a sign of desperation, described by Frank (and so blatant and excessive in the US that voters saw through it) and for the real project to render democracy limited and subordinate to rule by lawyers.
It is quite clear that in the UK it is Starmer's ambition to see parliamemnt subordinated to the supreme court and the country governed by the 'international rules based order' of supranational treaties and universal rights. Similar ambition may exist in the EU but the lawfare in France and now in Romania looks more desperate and less ideologically motivated than it is for Starmer. The EU has every reason to feel desperate.
In the US the Democratic establishment overplayed its hand and the lawfare backfired. It may backfire in France as well. The increasingly popular Bardella, Le Pen's deputy would almost certainly benefit from Le Pen being barred. The vote for RN would probably increase. In Germany talk of banning the AfD continues. In every case fools are playing with fire.
Trust in centrist, liberal goverments is at all time low precisely becuase they are less and less democratic and becoming exposed as such. The idiots in charge really are playing with fire.
I don't know much about Romania and how likely the electorate are to fall for the allegations of Russian interference and so accept the ruling, but the US and UK history will indicate this is a ruse and not real. Even if the Romanian goverment get away with it the EU should not feel relieved. The electorates in France and Germany are no longer easily fooled.
Governments are so afraid of right wing and populist backlashes, they do not see that it is they who have enabled these movements. We know what pendulums do.