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May 20, 2022

Basescu rejects law that eliminates incompatibility of local representatives

The Head of State argues that it would lead to eluding the regime of incompatibilities and to the creation of a possible conflict of interests.

President Traian Basescu is sending back to Parliament the law through which mayors and county council chairmen that are members of the general shareholders assemblies (AGAs) of public utility companies are no longer considered incompatible, asking the government to reject the draft. In his reexamination request the Head of State points out that the adoption of such a legislative modification would have a negative impact because it would lead to the eluding of the regime of incompatibilities. Traian Basescu claims that the adoption of this law “is not advisable,” a reason for that being the fact that the mayors’ and county council chairmen’s participation in the leadership bodies of intercommunity development associations “is not objectively justified.”
In what concerns the eluding of the regime of incompatibilities, the Head of State pointed out that as a consequence of such a law coming into force the activity of the National Integrity Agency (ANI) would be diminished because the institution would no longer be able to ascertain the incompatibility of the mayors and county council chairmen that will be part of these associations’ leadership bodies. “We consider that such a legislative option diminishes the National Integrity Agency’s activity and contradicts the recommendations included in the Commission Report towards the European Parliament and Council, a report concerning the progress registered by Romania as part of the Mechanism of Cooperation and Verification in 2013 and 2014, a report through which the consolidation of anticorruption measures and of measures for ensuring integrity is being considered,” the reexamination request reads.
The President considers that maintaining this incompatibility is necessary against the backdrop of the need to combat corruption and to ensure transparency and integrity in the public sector, in order to avoid the overlapping of the interests of local communities with personal interests, complaining of the fact that “the new law is liable to put into question the impartiality and objectivity of mayors and county council chairmen, creating the premises of a conflict of interests.”

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