On Thursday, the Bucharest Court of Appeal partially granted a request in which the capital’s mayor-general, Nikušor Dan, sought to annul a report by the National Integrity Agency (ANI) that declared the mayor in a state of incompatibility and conflict of interest.

On the other hand, the court did not agree with Nikushor Dan’s request to quash the part of the report sent by ANI to the Attorney General’s Office, which deals with crimes of abuse of office and use of official position to benefit certain individuals. , reports Agerpres.

“Recognizes the exception of delay in formulating an additional petition and notes that the plaintiff is deprived of the right to refer to new grounds of illegality. He allows an exception regarding the inadmissibility of the control of the legality of the provision in the evaluation report, which was notified to the prosecutor’s office at the High Court of Cassation and Justice. Denies the motion to quash in this regard as inadmissible. Grants in part the motion of plaintiff Nikusor Daniel Dan v. defendant National Integrity Agency. Partially cancels the evaluation report No. 58231/G/II/23.12.2022 in terms of ascertaining the presence of a state of incompatibility and conflict of interests. With an appeal within 15 days from the moment of notification,” the court decision, which is not final, reads.

Nikusor Dan was present in the courtroom on Thursday, pleading his case before the judges.

In February, ANI reported that Nikushor Dan had a conflict of interest:

Incompatibility – during the performance of the powers of the general mayor, Nikushor Dan also held other managerial positions in four institutions or public services without the powers of representation, thus violating the provisions of Art. 87, par. (1), lit. d) from Law No. 161/2003.

Conflict of interest – during the period from August 7 to September 7, 2021, while simultaneously acting as Mayor and General Director of the Bucharest Lakes, Parks and Recreation Authority (ALPAB), Nikušor Dan requested as General Director to supplement the ALPAB budget with the amount of 3,000,000 lei, and later resubmitted the requested budget to ALPAB, as Mayor General. Thanks to this approach, the ALPAB budget was supplemented from 11,517,000 lei to 14,517,000 lei. According to ANI, in this way Nikusor Dan violated the provisions of Art. 70, Art. 71 and Art. 76 of Law No. 161/2003.

Allegations of abuse of office and favoritism remain

On the other hand, ANI informed the prosecutor’s office at the High Court of Cassation and Justice about the presence of signs that Nikusor Dan committed the crime of abuse of official position, provided for in Art. 297 of the Criminal Code and the crime of using an official position for the benefit of certain persons, provided for in Art. 301 of the Criminal Code, because:

• the violation fine applied by the public institution to Nikusor Dan was paid by the City Hall of Bucharest and the appeals to the competent court were made by the PMB Legal Department for Nikusor Dan, both as an individual and as Mayor General, a document with his holographic signature, distinct for both positions ;

• in the period from August 7 to September 7, 2021, simultaneously acting as mayor and general director of ALPAB, he requested, as director general, to replenish the budget of ALPAB in the amount of 3,000,000 lei, and later again transferred to ALPAB, as mayor general, requested budget.