In January, the High Court of Cassation and Justice (ICCJ) has established that former Mayor of Sibiu, Klaus Iohannis, was not in a position of incompatibility. In the motivation of the High Court decision that granted the former President victory in the trial initiated by the National Integrity Agency (ANI), it is shown that Iohannis, as Mayor of Sibiu and as representative in the General Assembly of Shareholders of the company “Apa Canal” LTD Sibiu, followed a social interest and not a personal one.
“The defendant (…) acted in a social interest and not in a personal one, for completing a regional objective according to the purpose to reorganize the company, which exceeds the sphere of local interest of the administrative territorial unit he represents”, judges of the High Court of Cassation and Justice showed, while motivating the decision to cancel the report issued by the National Integrity Agency (ANI) related to the case of Klaus Iohannis, according to romanialibera.ro.
Therefore, judges pointed out that, beyond the particular features of any actual situation, nobody can state overall that the position of mayor is incompatible with the position of legal representative of the administrative territorial unit in general assemblies of commercial companies of local interests or that of representative of the state in the general assembly of a trade company of national interest.
“Considering that the respective incompatibility was generated exclusively by the joint quality of Mayor and of representative of the administrative – territorial unit in the General Assemblies of trade companies of local interest and it was actually not shown that the defendant (Klaus Iohannis, editor’s note) had indeed held this position, the criticism by the recurrent plaintiff (ANI, editor’s note) related to this fact appear as unfounded”, the report issued by the High Court shows.
Also, ICCJ judges did not ignore the “permissive feature” of law stipulations, either, which says that, in the General Assembly of Shareholders, “the shareholders of legal persons may be represented by their legal representatives who, on their turn, can grant authorization to other persons for the respective general assembly”.
“By including the word ‘may’, the lawmaker allows subjects of law to do or to abstain from doing certain action which meant that the defendant, as Mayor of Sibiu, had the right to accept or to refuse the representation of the Administrative Territorial Unit in the General Assembly of Shareholders of the trade company “Pieţe Sibiu” LTD or the attendance to the General Assembly of Shareholders under the circumstances that he was appointed to do so”, the report of the Court shows.
President Klaus Iohannis definitively won the trial with the National Integrity Agency on charges of incompatibility, after the High Court overruled, on January 21, the appeal filed by ANI.
The High Court of Cassation and Justice overruled the appeal in Klaus Iohannis’ incompatibility file, after the Appeal Court of Alba Iulia issued a verdict in favour of the former Mayor of the Municipality of Sibiu and ordered the canceling of the order issued by ANI.
The decision of the High Court, establishing that Iohannis was not in incompatibility during the time he represented the Mayoralty of Sibiu in the General Assemblies of Shareholders at the companies “Apa Canal” and “Piete” was definitive.
On April 24, 2013, the National Integrity Agency announced that they have established that Mayor of Sibiu Klaus Iohannis was in a state of incompatibility as he holds the position of representative of the municipality in the General Assembly of Shareholders of the trade companies “Apa Canal” LTD, in Sibiu, starting on August 5, 2010, and “Piete” LTD, starting on April 30, 2009, which violates the stipulations of laws.
The decision of ANI was appealed by Iohannis at the Appeal Court of Alba Iulia which pronounced Iohannis innocent in September 2013 and ordered the canceling of the decision.
On the other hand, the Constitutional Court had decided on December 16, 2014, that the article that determined Klaus Iohannis and other local officials to be declared incompatible was constitutional.
“The positions of Mayor and Vice-Mayor, General Mayor and Vice-Mayor of the Municipality of Bucharest, President and Vice-President of the County Council are incompatible with (…) the position of representative of the administrative-territorial unit in the General Assemblies of trade companies of local and, respectively, national interest”, stipulates article no. 87, paragraph 1, letter f, in Law No. 161 / 2003, according to which, integrity inspectors have determined that the present president is in incompatibility.