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The elected mayor of the capital, Nicușor Dan, announced on Wednesday night that he will not be able to take office on Friday, when he should take the oath, because the mayor of Bucharest and the General Council must be in office at the same time. It says that the file to validate the mandates of the councilors was sent to the Sector 1 City Hall, instead of the Bucharest Court, so the procedure will be delayed between 7 and 10 days.
“Unfortunately, assuming my term will be delayed by 7-10 days, which is not a good thing from the perspective of the medical crisis we are in. Here’s the explanation:
The Administrative Code establishes that the Mayor General assumes office (takes the oath) together with the General Council.
Both the Mayor and the Council must be previously validated by the court.
The Administrative Code has an unclear wording on the competent court in Bucharest: the mayor and the council are validated by the court in which the electoral district in which the elections were held is located.
The Bucharest Court validated my mandate a few days ago and recognized that since no district court covers the Bucharest constituency, the Bucharest Court has jurisdiction.
Today, however, through another panel, the Bucharest Court sent the file for the validation of the general counsel to the District Court 1. After the motivation (in 1-2 days), the file will reach the District Court 1 There will be a conflict of jurisdiction and the case will go to the Court of Appeal, which will refer it to the Court.
After that, we will wait two more days for a possible call, “wrote Nicușor Dan, on Facebook.
On Monday he had said that he would “probably” take the oath on Friday. Nicușor Dan also specified that he began preparing the first days of his term.
Editing: Alexandru Costea