Dominic Fritz, the mayor of Timișoara, commented on the reasoning of the Constitutional Court (CCR) regarding the loss of the mandate of elected officials in case of incompatibility, ironically stating that it does not apply personally, but to the position. Fritz explained that the CCR's reasoning supports that the norm does not constitute a personal sanction, but aims to heal the position affected by the actions of the holder.
The CCR clarified that the loss of the mandate is not a retroactive sanction, but a measure that respects the principle of non-retroactivity of the law, as stipulated in the Constitution. The CCR judges emphasized that the transitional norm does not introduce a new sanction, but concludes a flawed mandate. The main stake of the decision is the respect of Article 15 paragraph (2) of the Constitution, which states that the law applies only for the future.
Criticisms of the ANI law were rejected by the CCR, which made a clear distinction between acts of incompatibility and their effects on the mandate.
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