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January 24, 2022

Klaus Iohannis and Dacian Ciolos sued by Tokes Laszlo

Kincses Elod, the lawyer of MEP Tokes Laszlo, announced on Monday the filing of an administrative lawsuit against President Klaus Iohannis and Premier Dacian Ciolos, at the Bucharest Court of Appeals. The lawyer seeks to obtain the cancelling of the presidential decree that rescinds the Order of the Star of Romania award conferred to Tokes Laszlo.

“I am filing today the administrative lawsuit action at the Bucharest Court of Appeals. In case we do not win at the Court of Appeals, we will challenge the decision at the Supreme Court. I harbour hope that the President has to exercise the challenge. Not only is the President sued, but also the Romanian Prime Minister, as co-signatory. I am asking the cancellation of Presidential Decree no.290 issued on 04.03.2016, co-signed by the Prime Minister and published in Official Gazette no.168/04.03.2016, decree that ordered the rescinding of the Order of the Star of Romania, Knight grade, conferred to Tokes Laszlo through Presidential Decree no.1864/14.12.2009, published in Official Gazette no.884/2009,” Tokes Laszlo’s lawyer stated, Agerpres informs.

Kincses Elod considers that the Romanian President allegedly broke the Constitution, in the sense that he failed to respect the provisions concerning the ideals of the 1989 Revolution and that, according to Decree no.884/2009, his client was decorated “for the role played in starting the popular uprising in Timisoara, not in order to shut up.”

He claimed that the administrative lawsuit has raised the exception of absolute nullity of the Decision adopted by the Honorary Council for the Order of the Star of Romania on 20 November 2013, on account of two reasons: violation of the right to defence before the commission and the incompatibility of two members of the Council – “Gabriela Vranceanu Firea and Ecaterina Andronescu, who were both denouncers and judges.”

The legal action also points out that the Honorary Council’s decision did not have a mandatory character for the Romanian President and the courts did not investigate the substance of the case but instead noted that the Council’s decision could not be censured in administrative court, admitting the action’s exception of inadmissibility.

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