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August 8, 2022
POLITICS

Iohannis’ incompatibility case scheduled for hearing on January 14

The High Court of Cassation and Justice (ICCJ)  on Tuesday admitted the trial of the appeal filed by the National Integrity Agency in the case where Sibiu mayor Klaus Iohannis was found in a state of incompatibility and set the first court date for 14 January when both Iohannis and a representative of the National Integrity Agency (ANI) are summoned.

The decision was made in the council chamber by a panel of three judges who analysed the admissibility in principle of the appeal in the case where the Mayor of Sibiu and President-elect of Romania, Klaus Iohannis, challenged ANI’s report stating that he had been in a state of incompatibility during the time when he represented Sibiu Municipality on the General Meetings of Shareholders of the water, sewerage and food markets companies. The appeal was introduced by the National Integrity Agency after in September 2013 the Alba-Iulia Court of Appeal had admitted Iohannis’ contestation and cancelled the incompatibility decision.

The High Court will make the final decision on whether the president-elect, Klaus Iohannis, was in a situation of incompatibility or not.

On 24 April 2013, the National Integrity Agency was announcing that the Mayor of Sibiu, Klaus Iohannis, was in a state of incompatibility as he had been also representing the Municipality on the General Meeting of Shareholders of SC Apă Canal SA Sibiu, since 5 August 2010 and SC Pieţe SA, since 30 April 2009, which was against the law.

On the other hand, the Constitutional Court (CC) will debate again, on 9 December, the article in Law No. 161/2003 based on which ANI declared several mayors including Iohannis incompatible. It is article 87, paragraph 1, letter f) on some measures for providing transparency in the exercise of public offices, civil service and business environment, prevention and sanctioning corruption, which states that locally elected officials are incompatible as long as they hold positions on the general meetings of trading companies of local interest or represent the state on the general assemblies of trading companies of national relevance.

The article of the law was analysed on 7 October by the constitution judges who postponed making a decision until 3 November. However, on the day it was supposed to pass its decision, the Constitutional Court put the case back on the agenda and decided to re-discuss it on 9 December.

 

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