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November 15, 2019

CC: Interdiction to hold public positions for incompatible valid for all stages

Decision affects MEP mandate of Mircea Diaconu.

The Constitutional Court ruled that the interdiction to hold a position over three years in the case of the incompatible or those in conflict of interest is valid for all positions included in law 176/2010 and not only to the position they held at that moment.
CCR rule affects MEP Mircea Diaconu as well.
This spring, Bucharest Court of Appeal ruled that Mircea Diaconu can run for the elections for the European Parliament, interpreting in a contrary manner this phrase “the same position.” Based on the rule of the Court of Appeal, Mircea Diaconu was able to run for MEP elections, although there was a definitive irrevocable rule of the High Court of Cassation and Justice on his incompatibility.
President of the National Integrity Agency (ANI) Horia Georgescu said during an interview for Hotnews that he will send a notification to the European Parliament to revoke the mandate for Mircea Diaconu and a request to revoke the mandates of senator Mora Akos and Deputy Bucur Stoica from the Bucharest Parliament. PNL vice-chairwoman Alina Gorghiu told Mediafax on Friday that the rule of the Constitutional Court on the integrity law confirms the fact that the liberals made the right decision at the MEP elections in Mircea Diaconu’s case, when they decided not to support his candidacy.
PSD senator Ioan Chelaru, member in the legal commission in the Senate, told Mediafax on Friday that the topic of incompatibilities will resume in the Parliament in the autumn to tune it with the rule of the Constitutional Court. He said that the effect of the CC rule on this item in ANI law will include mostly local councilors, county councilors as there might be more incompatibility cases in that area, saying that there is a single case in the Senate, namely the case of PNL senator Akos Mora.
President of Doctors’ College loses case with ANI
Vasile Astarastoae, president of the Romanian Doctors’ College and dean of the University of Medicine and Pharmacy University in Iasi, lost the trial at the Supreme Court in which he attacked the decision of the National Integrity Agency on the conflict on interests he is in. ANI accused Astarastoae that he is in conflict of interests and that he allegedly made malfeasance of office when signing the labour contracts between himself and the Institute of Forensic Pathology and the University of Medicine and Pharmacy in Iasi, institutions he led, as well as his daughter, Daniela Astarastoae, during projects with European funds. ANI requested his revoking from the positions he holds.

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