How did AUR and PSD sell the same donation on the subject of invalidating the mandates of some controversial parliamentarians?

The Social Democratic Party and the Alliance for the Union of Romanians have done the same on the issue of the controversial candidates on their lists, whether they are people under investigation for DNA or people who have been accused of attempted murder during the Revolution. The most scandalous case is that of Francisc Tobă, a member of the Romanian People’s Party, but elected on the GOLD list of the Chamber of Deputies. Tobă, a career soldier, is accused that during the Revolution he forcibly removed several already wounded protesters from Sibiu County Hospital and into a gym where he beat them brutally. Later, in the 90s, he joined the FDSN. Following the media scandal, George Simion, AUR co-chair, announced that the party will invalidate Tobă’s mandate.

Contacted by “Adevărul” to explain the situation of Francisc Tobă from the day the validations were carried out in Parliament, the co-president of AUR, George Simion, replied laconically: Those of NLP see that they are trying to save him ”. He also accused the Liberals of not wanting to take into account the party’s decision to exclude Tobă.

But the presentation of Tobă’s resignation and exclusion is only an image movement. Nowhere does the electoral law foresee the possibility that, after the elections, the party can invalidate the mandate of its own member. Francisc Tobă can only be left without a mandate if he resigns from Parliament after being validated. Technically, the Central Electoral Bureau had great decision-making power when it analyzed whether the elect meets the eligibility conditions, since he was elected by ballot, and gave him the deputy certificate.

The regulations of the two Houses also foresee a situation in which a mandate could be invalidated, but under strictly restrictive conditions: if the Validation Committee of Parliament determines that the candidate’s eligibility conditions are not met (conditions previously verified by BEC) and in the absence of a conviction, which was final, “on the commission by the respective deputy of some crimes related to the development of the electoral process.” Francisc Tobă does not meet any of these criteria.

The Tobă case, postponed

The party’s decision does not help at this time. And in the case of Tobă, the situation is as follows: the AUR representative did not present the certificate of elected deputy, which made the members of the Validation Commission take the decision to postpone the validation of the mandate. Within a maximum period of 10 days, the Validation Commission must meet to consider whether to validate or invalidate the mandate. But even at this point invalidation is problematic, because it also takes place only if there is a firm conviction or if the person in question has died. An invalidation decision could then be challenged in court, political sources say.

The only situation in which the party really has a voice is when there is a case of a deputy or senator vacancy, when the alternate on the lists is confirmed by the party leadership if he is still a member.

Tudordache decides whether or not to sit in Parliament

The other problematic case in Parliament was that of Daniel Tudorache (PSD), accused in a case of influence peddling and money laundering. In the case of Daniel Tudorache, Marcel Ciolacu claimed responsibility tomorrow, claiming that at the time of his candidacy his colleague had no criminal problems, but also that the decision to continue his parliamentary career depends only on Tudorache. “In the case of Mr. Tudorache, immediately after the DNA investigation began, so he was not sent to court, it decided to suspend him mainly from the position of president of Sector 1. Mr. Tudorache’s mandate should not be delivered by Marcel Ciolacu or the PSD, it is given by the BEC and the Court ”, declared Marcel Ciolacu on Sunday night.

Marcel Ciolacu himself gave guarantees in the campaign that Tudorache can no longer obtain the mandate of deputy, because the party will invalidate his mandate. However, Tudorache was validated on Monday, which was normal from a legal point of view. In fact, in the case of the Social Democrat, the party did not even imitate the fact that he would not accept to assume the mandate, as happened in the case of Tobă from the AUR. The only possibility that the former mayor of Sector 1 ceases to be a deputy is to voluntarily resign from the legislature.