On Wednesday the Romanian Constitutional Court judges unanimously decided that the law according to which the local deputies convicted with suspension do not lose their mandate is contrary to the Constitution. According to mediafax.ro those convicted with suspension will lose their mandates, as those serving their sentences in prisons.
”We have taken today a decision by unanimity, namely to admit the appeal of the president regarding the Law no. 393/2004, which we declared totally unconstitutional. We considered that it was created a discriminatory regime and the solution the Parliament chose would damage the purpose of the legislature to defend the integrity and accountability of the position of civil servant. The suspension is a form of punishment execution. It would create inequities", said Valer Dorneanu, the interim president of the Constitutional Court.
The judges argue that if the mandate of local elected officials convicted with suspension would not terminate, this would amount to "a privilege created for them which is likely to disregard the provisions of Article 16, paragraph (1), (2) and (3) of the Constitution”.
Earlier, the President Klaus Johannis notified the judges of the Constitutional Court about the Law on the status of local elected officials according to which mayors, local and county councillors who have been sentenced for corruption with suspension can retain their mandates, the president stating that the normative act is contrary to the basic law and the rule of law principles.
"The new option of the legislative body is circumstantial; it does not consider a real social interest and is contrary to the social values protected by law. In our opinion, allowing a person who has infringed a social value protected by the criminal law and on which the court decided that it is a danger to continue to perform the duties of civil servant is not sufficient to ensure the performance of public functions and dignities within the rule of law", reads the appeal submitted to the Court.