Home / POLITICS / Law on local elected sentenced to prison on probation, unconstitutional
Law on local elected sentenced to prison on probation, unconstitutional

Law on local elected sentenced to prison on probation, unconstitutional

The constitutional judges on Wednesday decided that the law stipulating that the local elected sentenced to prison on probation, who don’t lose their seats, is not constitutional. The Romania’s Constitutional Court unanimously admitted president Klaus Iohannis’ appeal against the local elected statute.

The judges argued that the local leaders cannot continyt their activity after a final sentence, which causes the loss of integrity that is a fundamental element of the public office.

“We unanimously took one decision today, to admit the president’s appeal against the law 393/2004, that we declared entirely unconstitutional. We decided that a discriminating framework had been created and that the Parliament’s solution would have hijacked the lawmaking body’s aim, to defend integrity and responsibility of the local elected position. There would have been inequities,” CCR interim president Valer Dorneanu said.

The CCR was also supposed to debate the notification of 99 MPs against the bill that decriminalizes the conflict of interests, but they postponed it for September 13.

Before the court’s hearing, constitutional judge Augustin Zegrean stated that all laws must be observed.

Asked about the exculpation of the conflict of interests, Zegrean argued: “Generally speaking, the Criminal Code doesn’t mention a certain category of people. The law doesn’t have to stipulate that you are not allowed to steal to know that you must not steal, for instance. Have you ever seen a law saying that you should not steal or kill? There is no such law. All laws must be observed.”

 

 

 

About Alina Grigoras Butu