Constitutional Court admits President’s notification on bill reading that MPs can be traders as natural persons

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The Constitutional Court of Romania has admitted on Tuesday the notification from President Klaus Iohannis on the Law amending Law 161/2003, reading that the amendments, by which MPs, ministers, mayors, prefects and heads of county councils may have the status of trader, as natural persons, are unconstitutional, CCR Chairman Valeriu Dorneanu said on Tuesday.

On January 18, President Klaus Iohannis sent to the CCR an unconstitutionality petition on the bill amending Law no. 161/2003.

The law sent for promulgation on December 30 aims to amend the Law no. 161/2003 in order to eliminate the incompatibility of the positions of deputy, senator, member of the Government, prefect, sub-prefect, mayor, deputy mayor, general mayor and deputy mayor of Bucharest, chairman and deputy chairman of the county council with the quality of trader as natural person.

The head of state argues that a public office, which implies the transparency of the use and administration of public funds, cannot be fulfilled if at the same time the office-holder is also involved in the business environment, since the cumulating of the two functions could affect the general interests of the community and the principles of the rule of law.

 

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