Home > 1.5 Direct suffrage > ROMANIA - Law no. 33 on the Rules and Regulations on the Elections to the european Parliament
 
 
 
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Article 7
 

(1) Without prejudice to the incompatibilities provided for in the 1976 Act on the election of the candidates to the European Parliament by direct universal ballot, with the subsequent amendments, the capacity as a member of the European Parliament is incompatible with the capacity as deputy or senator in the Romanian Parliament, as a member in the Romanian Government, with the offices provided for in art. 81 and 82 in Book I, title IV, chap. III, section 2 of Law no. 161/2003 on measures to secure transparency in the exercise of the public positions, of the public functions and in the business circles, the prevention and the sanctioning of corruption, with the subsequent amendments and additions, or with equivalent positions in the Member States of the European Union.


(2) Within 30 days of the validation of the result in the elections to the European Parliament, the persons who are not compatible shall choose between the mandate of member in the European Parliament and the position that generates incompatibility, resigning from one of the two positions.


(3) After the expiry of the time limit provided for under paragraph (2), if an incompatibility status arises or persists with regard to the positions referred to in Articles 81 and 82, book I, title IV, chap. III, section 2 of Law no. 161/2003, with the subsequent additions and completions, the persons in the incompatibility situation are deemed to have resigned from the position of member in the European Parliament. The resignation shall be established by decision of the Permanent Electoral Authority, which shall be published in the Official Gazette of Romania, Part I, and communicated to the European Parliament.


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*Amended by G.E.O. no. 11/2009.


(4) The National Agency for Integrity finds the cases of incompatibility between the mandate of member in the European Parliament and the positions referred to in paragraph (1), and informs the Permanent Electoral Authority about them within 15 days of their finding.


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*Introduced by G.E.O. no. 11/2009.


(5) The Permanent Electoral Authority shall notify, where appropriate, the European Parliament of the cases of incompatibility referred to in Article 7, paragraphs (1) and (2) of the 1976 Act, which is the case with the members from Romania in the European Parliament or shall find, in accordance with paragraph (3) the resignation of persons found in incompatibility situation.


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*Introduced by G.E.O. no. 11/2009.


(6) Within 15 days at the most of the validation of mandates, the members of Romania to the European Parliament are obliged to make their statements of wealth and interests to the National Agency for Integrity, by using the forms provided for in the annex to Law no. 115/1996 for making statements of wealth and maintaining the wealth control of dignitaries, of magistrates, of persons in leadership and control positions, as well as of public servants, with the subsequent amendments and completions, and in the annex to the Government Decision no. 506/2003 on the establishment of the model of Register of statements of interests, with the subsequent amendments.


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*Introduced by G.E.O. no. 11/2009.


(7) The Permanent Electoral Authority shall carry out the formalities of acceptance for the candidates declared elected in the European Parliament.


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*Introduced by G.E.O. no. 11/2009.


(8) Except for the cases referred to in paragraph (3), ascertaining the termination of office for a member of the European Parliament shall comply with the 1976 Act and with the Rules of Procedure of the European Parliament.


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*Introduced by G.E.O. no. 11/2009.