Is the status of deputy mayor incompatible with the status of local counselor?

Abstract

The present paper tries to solve the conflict between Article 57 paragraph 7 of Law no. 215 of 2001, Law of the Local Public Administration, the consolidated form and Article 87 paragraph 1 letter a of Law no.161 of 2003 on Some Measures for Assuring the Transparency in Performing Public Dignities, Offices and within the Business World and for the Prevention and Punishment of Corruption, with the subsequent alterations. While Article 57 paragraph 7 of Law no. 215 of 2001, the consolidated form provides for the compatibility between the status of deputy mayor and the status of member of the city (village) council, Article 87 paragraph 1 letter a of Law no.161 of 2003 forbids such an association of statuses. Since July 21, 2006, Article 87 paragraph 1 letter a of Law no.161 of 2003 has been repealed by Article I point 111 of Law no. 286 of 2006 which repeals Article 18 paragraph 2, the second sentence, of Law no.393 of 2004 on the Statute of the Local Elected Officials (that provided for the incompatibility between the deputy mayor status and that of local counselor) as well as “any contrary legal provisions”. The abrogation of Article 87 paragraph 1 letter a of Law no. 161 of 2003 is supported by the principles of legislative technique and of legal interpretation as well as by the Modern Romanian Legal History.