The National Integrity Agency filed a complaint with the General Prosecutor’s Office against the Mayor of the Capital, Nicușor Dan, whom it accuses of abuse of office, because the City Hall of the Capital allegedly paid a fine to his account and because he approved as mayor the addition of the budget of a department that he also managed. ANI also accuses Nicușor Dan of administrative conflict of interest.
According to an ANI press release, during the exercise of the mandate of general mayor, Nicușor Dan also exercised other management functions within four institutions or public services, without a mandate of representation, thus disobeying the provisions of art. 87, para. (1), lit. d) from Law no. 161/2003.
During the period 07 August – 07 September 2021, by simultaneously exercising the function of general mayor and the function of general director of the Bucharest Lakes, Parks and Recreation Administration (ALPAB), Nicușor Dan requested as general director the budget supplement ALPAB with the amount of 3,000,000 lei and later retransmitted the requested budget to ALPAB, as general mayor. Through this approach, the ALPAB budget was supplemented from 11,517,000 lei to 14,517,000 lei.
In addition, the National Integrity Agency notified the Prosecutor’s Office attached to the High Court of Cassation and Justice regarding the existence of indications regarding the commission by Nicușor Dan of the offense of abuse of office provided for by art. 297 of the Criminal Code and the offense of using the position to favor certain persons provided by art. 301 of the Criminal Code, since: – the contravention fine applied by a public institution to the natural person Nicușor Dan was paid by the Bucharest City Hall, and the appeals to the authorized court were carried out by the Legal Department of the Bucharest City Hall for Nicușor Dan both as a natural person and as general mayor, the document bearing his holographic signature, distinct for both capacities.
During 07 August and 07 September 2021, by simultaneously exercising the function of general mayor and the function of general director of ALPAB, as general director he requested the addition of the ALPAB budget with the amount of 3,000,000 lei and later retransmitted to ALPAB, as general mayor, the requested budget.
In retort, Nicușor Dan announced that he will contest the ANI report in court.
“I will challenge the Agency’s Report in court within the legal term. The agency accuses me of two facts, for which it has an erroneous interpretation of the law.
1. During the vacation period of the position of director of some institutions subordinated to the Capital City Hall, I exercised vis-à-vis these institutions the legal powers of the mayor (art. 154 paragraph 4 of the Administrative Code) “The mayor manages the public institutions of local interest, as well as the services public of local interest”, without occupying the position of director in these institutions and without being remunerated.
2. The sanction ordered by the State Construction Inspectorate was ordered to the legal person the Mayor of the Municipality of Bucharest, not to the natural person Nicușor Dan, a fact confirmed by the court.
I ask the National Integrity Agency to give the press access to the entire administrative file on the basis of which they drew up the Report”, Mayor Nicușor Dan says in a Facebook post.