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June 25, 2022

Proposal: Senators who receive suspended sentences should lose their seats

Senator Nicolae Vlad Popa (PNL) has filed with the Senate’s Standing Bureau a legislative proposal on amending the Senate’s Regulations in the sense that a Senator would lose his seat if he loses his electoral rights in case he receives a suspended court sentence too, not just an executory one, News.ro informs.

Nicolae Vlad Popa argues that based on the constitutional grounds of loyal collaboration between state institutions, the Parliament has the obligation to modify legislation so that all categories of dignitaries would obey the cessation of tenure rule in case they are sentenced to jail, irrespective of whether the sentence is executory or suspended.

“For this purpose, we propose the amendment of Article 188, Paragraph 1, of Senate Decision no.28/2005 on the Senate’s Regulations, republished, so that a Senator’s tenure would rightfully cease if his electoral rights are suspended as a punishment complementary/accessory to the main executory or suspended jail sentence,” the legislative proposal reads.

The initiator points out that positive law regulates the situation in which tenure ceases in case of executory jail sentences, several Lower Chamber and Senate decisions being adopted in this sense.

“Related to the aforementioned juridical situation, we also propose the regulation of the situation in which the tenure ceases in case of suspended jail sentences,” the proposal reads.

According to the legislative proposal, Article 188, Paragraph 1, of the Senate Regulations is modified thus: the capacity as Senator rightfully ceases on the date the newly-elected Senate legally convenes, as well as in case of resignation, of loss of electoral rights as a result of a final executory or suspended sentence, of incompatibility or death.

Nicolae Vlad Popa has asked the Senate’s Standing Bureau to urgently debate the legislative proposal, according to the document filed with the Standing Bureau.

The legislative proposal is signed by 23 PNL MPs.

“Why wouldn’t MPs benefit from the same stipulation as mayors? Those who receive suspended sentences can continue their tenures? The National Political Bureau’s conclusion was that we have to promote, starting today, and we have managed to collect signatures, the legislative initiatives that introduce the same provision for MPs too,” PNL Co-President Alina Gorghiu stated.

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