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January 18, 2022

Klaus Iohannis’s incompatibility charges not going away

Romania’s Constitutional Court (CCR) ruled on Tuesday that the stipulations concerning incompatibility between the position of local official and that of representative within the general shareholders’ assemblies of commercial companies of local interest are constitutional, Agerpres informs. CCR rejected the constitutionality objection by unanimity of votes.
The National Integrity Agency (ANI) had declared several local officials, including former Sibiu Mayor Klaus Iohannis, incompatible on the basis of Law 161/2003. The unconstitutionality exception had been raised by Tuzla Mayor Constantin Micu, whom ANI had declared incompatible.

“The offices of mayor and deputy mayor, general mayor and deputy mayor of Bucharest, county council chairman and deputy chairman, are incompatible with (…) the office of representative of the administrative unit within the general shareholders’ assemblies of commercial companies of local interest or the office of state representative within the general shareholders’ assembly of a commercial company of national interest,” reads Article 87, Paragraph 1 of Law 161/2003.

On December 9, the Court postponed a decision on such files built on this constitutionality objection, motivating with the impossibility of completing a judge panel to rule on the matter.

The provision that were referred to the Court were the ones based on which the National Integrity Agency (ANI) grounded its decision to declare a series of local elected officials as being in an incompatibility state, among whom President-elect Klaus Iohannis, former Sibiu City Mayor.

However, on November 4, CCR decided to retry on December 9 the constitutionality objection raised by the mayor of Tuzla rural town, Constantin Micu, after seeing how the judges claimed they needed more information available in the file held by the Constanta Court of Appeal. Subsequently, the Court had to deal with another file concerning the same constitutionality objection, also postponed to the same date.

CCR had initially debated on the constitutionality objection raised by the Tuzla mayor on October 7, but an actual decision was postponed until November 4.

The constitutionality objection refers to the unconstitutionality of article 87 paragraph (1) letter f) of the Law 161/2003 regarding certain measures that were meant to ensure the transparency in carrying out public duties by such public officials and businessmen, with the purpose of preventing and sanctioning corruption acts.

CCR President Augustin Zegrean (photo)  stated on Tuesday that local officials would no longer lose their terms in case the article concerning their incompatibility with the office of representative within the general shareholders’ assemblies of commercial companies of local interest is declared unconstitutional.




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