Constitutional Court of Romania upholds mandate termination law

The Constitutional Court of Romania (CCR) has released a 65-page justification for its decision regarding the new Integrity Law, specifically addressing the provision known as the ‘Fritz amendment’. This clause mandates that officials found in a state of incompatibility or conflict of interest will lose their mandate within 30 days of the law taking effect.

The CCR ruled that the provision is constitutional, arguing it does not constitute a retroactive personal sanction. Instead, the court maintains that the law seeks to ‘end a mandate whose integrity has been affected’ rather than punishing the individual for past actions. This distinction aims to protect the integrity of public functions.

Timișoara Mayor Dominic Fritz has reacted ironically to the ruling, stating, ‘We can rest easy: the CCR-PSD reasoned that the sanction does not apply to me, but to my mandate.’ He criticized the logic, comparing it to ‘healing a car from the memory of a speeding fine’ rather than revoking a driver's license, noting that it is people, not mandates, who commit infractions.

According to the National Integrity Agency (ANI), approximately 122 individuals are currently targeted by the three-year ban following the termination of a public function. The court's decision also addressed other controversial points, such as the publication of officials' assets and the limits of ANI's authority regarding the domestic relationships of public officials.