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“It is made public that, by means of the sentence pronounced in the Sibiu Court in the council room, on 10/16/2020, in file no. 9486/306/2020, the request made by the Electoral Board of the Municipal District of Sibiu – nº 1, for the validation of the mandate of mayor of the municipality of Sibiu, attributed to Mrs. Astrid Cora Fodor, after the local elections held on September 27, 2020 ”, is reflected in the statement of the Court of Sibiu.
According to the cited source, “the request for intervention made by Ms. Astrid Cora Fodor was rejected as unfounded”.
An appeal against the decision can be filed within two days, according to the Sibiu Court.
Astrid Fodor ran for the post of mayor of Sibiu on September 27 for the Democratic Forum of Germans in Romania, winning the elections with a percentage of 43.05%, followed by the liberal candidate, Adrian Bibu, who obtained 31, 13% of the votes, according to the final results of the Provincial Electoral Table.
The National Integrity Agency recently announced that it communicated to the entities that validate the mandates of local elected officials data and information about candidates for local elections who are under a 3-year interdiction to occupy an eligible position, in accordance with with art. 25 of Law No. 176/2010.
Also on this list is the mayor of Sibiu, Astrid Fodor.
According to ANI, Astrid Fodor was in a state of incompatibility between September 27, 2012 and July 3, 2014, since she simultaneously held the position of Deputy Mayor of Sibiu and member of the Board of Directors of the National College “Samuel von Brukenthal “Sibiu.
Likewise, ANI said, Astrid Fodor was in a state of incompatibility and as a result of maintaining her membership in the Kindergarten Board of Directors with extended program no. 37 Sibiu, between September 27, 2012 and July 3, 2014, thus violating the provisions of art. 87 par. (1) on. d) of Law no. 161/2003.
In accordance with legal provisions, the validation of mandates is carried out, where appropriate, by the court in whose territorial scope is the electoral district for which the elections were held or the court in whose district the respective unit is located. administrative-territorial.
Therefore, art. 25, para. (2) of Law no. 176/2010 stipulates that “The person relieved or removed from office in accordance with the provisions of paragraph 1) or against whom the existence of a conflict of interest or the state of incompatibility has been proven is deprived of the right to exercise another position or a public dignity that is subject to the provisions of this law, except electoral, for a period of 3 years from the date of termination, termination of the respective public office or dignity or legal termination of the mandate. ceases to hold public office or dignity on the date of verifying the state of incompatibility or conflict of interest, the 3-year prohibition operates, according to the law, from the date of permanence. of the evaluation report, respectively of the final remainder and irrevocable of the judicial decision confirming the existence of a conflict of interest or state of incompatibility “.
Regarding the aforementioned article of law, by Decision No. 418/2014, the Romanian Constitutional Court determined that the provisions of art. 25 par. (2), second sentence, are constitutional to the extent that the phrase “the same function” refers to all the eligible functions provided for in art. 1 of the same law.
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