The Reality of the Impossibility to Apply the Disciplinary Sanctions Established for Local and County Councillors

Camelia Daciana Stoian

Academic Journal of Law and Governance, 2020, vol. 8, issue 2, 105-110

Abstract: The category of “local elected officials†subject to analysis, namely local and county councillors, aims at exercising disciplinary liability for acts committed during the exercise of their duties by virtue of this function of public authority, under all incidental normative acts, including the provisions of the Administrative Code published in the Official Gazette number 555 of July 5th 2019. Committing responsibility in one’s own name for the activity carried out and at the same time committing joint and several responsibility for the activity of the council in whose structure they are found, are also of interest. At the same time, in relation to the real factual context, it is interesting to debate the responsibility for the acts to be adopted, as a member of the majority, dominated by the indications of the party or political alliance to which they belong or fraternize. The approach procedure aims to highlight the blockage created by the legislator, so that everything leads not only to a difficult decision-making process but also to the maintenance and development of a state of conflict. How, in these circumstances, would it be possible to ensure the possibility of applying a disciplinary sanction, as long as there is always a majority appointing a chairperson from among its members, and with the authority of the majority the chairperson or the council will never apply directly or by a decision adopted “by an absolute majority†, a sanction for any councillor part of this majority? What is the meaning of the report to be made based on the research of the specialized commission responsible for legal issues, as long as it is not taken into account by the chairman of the meeting and is never accepted by the majority to sanction a counsellor?

Date: 2020
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