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Astrid Fodor, elected mayor of Sibiu in local elections and overruled by the Court on Friday, announced that she will appeal the court’s decision and is confident that the Court’s judges will validate her mandate.
“I consider it important that our message reaches the people of Sibiu, especially those who on September 27 gave us the confidence to vote for the position of mayor of Sibiu. Personally, I consider this decision deeply illegal. Of course I hope to win. I can’t believe this continues in the Sibiu Court. There are more experienced and competent judges in the Sibiu Court and I have full confidence that they will rely on all the documents that we will present to the file, ”Astrid Fodor said at a press conference on Friday, according to Agerpres.
The elected mayor of Sibiu stated that she did not know before presenting her candidacy file for the second term of mayor of Sibiu that it would be incompatible.
“If I had the slightest doubt that I am in a state of incompatibility or illegality, I would not be a candidate,” Astrid Fodor said.
The Sibiu court on Friday rejected the validation of Astrid Fodor, the re-elected mayor of Sibiu, reports a press release from the court, after the National Integrity Agency announced that Fodor is banned from holding the position for three years, because he was able to incompatibility between 2012 and 2014, when he was deputy mayor of the mayor’s office, then led by Klaus Iohannis.
An appeal against the decision can be filed within two days, according to the Sibiu Court.
Astrid Fodor ran, on September 27, for the position of mayor of Sibiu, of the Democratic Forum of the Germans in Romania, winning the elections with 43.05%, followed by the liberal candidate, Adrian Bibu, who won the 31 , 13%. of votes, according to the final results of the County Electoral Board.
Why Astrid Fodor was declared incompatible
The National Integrity Agency recently announced that it has communicated to the entities that validate the mandates of local elected officials data and information about candidates for local elections who are under a three-year ban from holding an eligible office, according to the 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 held both the position of deputy mayor of Sibiu and the quality of member of the Board of Directors of the College National “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 the legal provisions, the validation of mandates is carried out, where appropriate, by the court in whose territorial radius 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: “The person relieved or dismissed from his position 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 function public or dignity that is object except electoral, for a period of 3 years counted from the date of issue, cessation of the respective public office or dignity or legal cessation of the mandate; if the person has held an eligible position, and will not be able to hold the same position in If the person ceases to hold a public office or dignity on the date of verifying the state of incompatibility or conflict of interest, the 3-year prohibition operates, in accordance with the law, from the date of firmness. of the evaluation report, respectively of the final and irrevocable decision of the court that confirms the existence of a conflict of interest or a 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 “same function” refers to all the eligible functions provided for in art. 1 of the same law.
What will happen if Astrid Fodor doesn’t win her term in court?
In Sibiu, the mayoral elections can be resumed in three months, if the Court upholds the court’s decision, which did not validate Mayor Astrid Fodor’s mandate obtained by vote in the local elections on September 27, the county prefect said. , Mircea Cretu, by Agerpres. .
“Mrs. Fodor has the solution to appeal the decision of the Court to the court. The court can invalidate or validate the mayor. If validated, the normal procedure begins, in case of invalidation, continues to organize the elections, at the proposal of the prefect, within 90 days, by the Romanian Government ”, explained the prefect Mircea Creţu.
Publisher: GC
