The courts at the level of Cluj Municipality admitted the contestation filed by an independent candidate for the office of mayor of a neighboring locality, annulled the decision of invalidation issued by the Communal Electoral Bureau (BEC), and ordered the admission of the petitioner\u2019s candidacy for the mayoral position.<\/p>\n\n\n\n
In fact, by a decision of the BEC, the candidacy of the claimant as an independent candidate for mayor was rejected in the local elections held on September 27, 2020. In the reasoning of that decision, the Electoral Bureau invoked failure to meet the candidacy conditions, namely the \u201cexistence of a 3-year prohibition from holding a public office, i.e. from 16.05.2019 to 16.05.2022, applied to the candidate by a final decision of the High Court of Cassation and Justice, for incompatibility.\u201d That ICCJ decision was issued as a result of findings by the National Integrity Agency, relating to the fact that for a few months, during the candidate\u2019s prior term as mayor (between 2012\u20132016), he held simultaneously the mayoral office and executive roles in several commercial companies.<\/p>\n\n\n\n
In response to this situation, the candidate turned to Brisc Legal attorneys specialized in electoral law to defend his legitimate rights in court. Thus, via the special procedure of contestation regulated by Article 54 of Law No. 115\/2015, he requested the Cluj Court to annul the BEC\u2019s rejection decision and admit his candidacy for mayor.<\/p>\n\n\n\n
The court established that the reasoning regarding the existence of a candidacy prohibition for 3 years from 2019, applied by the electoral bureau, was incorrect, stemming from subjective, uncorroborated interpretation of the relevant legal texts.<\/p>\n\n\n\n
Law 176\/2010 provides that \u201cthe person \u2026 concerning whom the state of incompatibility has been established is deprived of the right to hold a public office or dignity which is the object of this law, except for electoral offices, for a period of 3 years from the date of release, removal, or termination of the mandate.\u201d Thus, as to these provisions, the public dignity of mayor, targeted by the claimant\u2019s candidacy, is expressly exempted from the sanction of deprivation, which in any case concerns the right to HOLD that office, not necessarily the right to run, which must precede the actual exercise of public dignity.<\/p>\n\n\n\n
As a result, the court annulled the BEC\u2019s decision of rejection, recognized the claimant\u2019s right to candidacy, and ordered that his candidacy be accepted.<\/p>\n","protected":false},"excerpt":{"rendered":"
Case Study \u2013 Admission of the Contestation under the Electoral Law Subject Matter The courts at the level of Cluj Municipality admitted the contestation filed by an independent candidate for the office of mayor of a neighboring locality, annulled the decision of invalidation issued by the Communal Electoral Bureau (BEC), and ordered the admission of … <\/p>\n