High Court of Review and Justice

PRESS RELEASE

In its session of 16 November 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

Judgment #74 in case #2196/1/2020

Sustains the request for a preliminary ruling from the Tribunal Argeş – Civil Chamber, panel specialized in administrative and tax litigations, in case #2897/109/2018, in the matter of the following point of law:

In the interpretation and application of Art. 26 para. (3) first thesis in Law #176/2010 on Integrity in the Exercise of Public Office and Dignities, for the amending and supplementing of Law #144/2007 on Establishing, Organizing and the Operation of the National Integrity Agency, as well as for the amending and supplementing of other regulatory acts, as amended and supplemented, Art. 2.517 and subsequent in Law #287/2009 of the Civil Code, as republished and subsequently amended, the Court rules that:

The action on annulment brought against a Prefect’s order to legally terminate the office of a locally-elected official following the latter’s having been found incompatible or in a conflict of interests in a final assessment report issued by the National Integrity Agency cannot bring grounds of unlawfulness in terms of the statute of limitations for administrative liability, or for the right of the National Integrity Agency to exercise its legal prerogatives to assess interests and incompatibilities for individuals stipulated by law, or cessation of the right to move for disciplinary action.

Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public session today, the 16^th of November 2020.

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

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