Bucharest mayor wins incompatibility case at Romanian High Court

Romania’s High Court of Cassation and Justice ruled to annul the report of the National Integrity Agency, or ANI, which had declared Bucharest mayor Nicușor Dan to be in a state of incompatibility and conflict of interest.

The decision was made by a majority, with one dissenting judge who believed the mayor's request should have been denied.

In February 2023, ANI announced that Nicușor Dan was in a state of incompatibility and conflict of interest. Specifically, integrity inspectors claimed that during the period of August 7 to September 7, 2021, Dan had appointed himself to leadership positions in four institutions or public services under the authority of the Capital City Hall, namely the Municipal Administration for the Consolidation of Buildings with Seismic Risk, the Bucharest Streets Administration, ALPAB (the Administration of Lakes, Parks, and Recreation in Bucharest), and the Expo Arte Cultural Center.

Moreover, as the general director of ALPAB, Nicușor Dan requested an additional RON 3 million (EUR 600,000) for the institution’s budget, a sum which he himself approved in his capacity as mayor.

Additionally, ANI accused Dan of paying a fine of RON 6,000 (EUR 1,200) imposed by the State Inspectorate for Constructions using municipal funds, according to Digi24.

In September 2023, the Bucharest Court of Appeal, the first court to rule in the case, annulled ANI’s report and argued that a mayor is not in a state of incompatibility if they act as a representative of public institutions under the authority of administrative-territorial units.

Furthermore, a conflict of interest arises when a person holds two positions with conflicting interests, which cannot be applied in Nicușor Dan's case, the judges said. Dan was also not remunerated for the period in question.

The magistrates also noted that Nicușor Dan did not have any personal financial interest in supplementing ALPAB's budget, so he cannot be accused of a conflict of interest.

"Mayors and deputy mayors, the general mayor, and deputy mayors of Bucharest are required not to issue an administrative act, sign a legal document, or issue an order in exercising their function that produces a material benefit for themselves, their spouse, or their first-degree relatives. In this case, there is clearly no conflict of interest since the legal provisions are particularly clear, meaning that a personal financial interest must exist," the judges from the Court of Appeal reasoned in their decision to reject ANI's report.