Constitutional Court: Article in law 161 regarding incompatibility is constitutional. Action at law against Iohannis to go on

The Constitutional Court ruled on Tuesday that article 87, para 1, of Law 161/2003 regarding incompatibility is constitutional.

The actions at law initiated by the National Integrity Agency (ANI) will thus be carried on.

The decision was adopted with majority of votes.

Local officials, among them president-elect Klaus Iohannis, are to face the incompatibility charges in relevant courts.

According to the above mentioned article “the office of mayor, deputy mayor, mayor general and deputy mayor of Bucharest, of president and vice-president of the county council is incompatible with (…) the office of representative of the administrative unit at the general assembly of local interest companies or as state’s representative at the general assembly of a company of national interest.”

The Constitutional Court’s decision is binding and is to be published by the Official Monitor, following that the CC judges release their motivations.

ANI noticed in April 2013 the mayor of Sibiu Klaus Iohannis is facing incompatibility status because he is also the municipality’s representative to the SC Apa-Canal (water sewerage) general assembly since August 2010 and representative to SC Piete SA general assembly since April 2009, against legal provisions.

Iohannis won the law suit against ANI in September 2013, as the Alba Iulia Court of Appeal admitted the appeal and ruled to cancel the decision. The decision is disputed by ANI to the Supreme Court. The next term in court is January 14, 2015.