UNELE CONSIDERAȚII PE MARGINEA EFECTELOR STĂRII DE INCOMPATIBILITATE A ALEȘILOR LOCALI ASUPRA STATUTULUI ACESTORA

In this study we have analyzed the effects of the situation of incompatibility in which the local elected representatives, especially the mayors, can be found, as this situation has been established by the prefect or by the National Integrity Agency through the evaluation report. Thus, in the first case, finding the incompatibility entails the lawful cessation of the mayor’s mandate, if he will not renounce the incompatible function within the time limit provided by the law, and, in the latter case, the state of incompatibility has as consequence the prohibition of the person declared incompatible to fill an eligible position for a period of 3 years from the date of cessation of the current mandate or, respectively, from the date of the final assessment report of the National Integrity Agency. In other words, not even if the National Integrity Agency establishes it, the state of incompatibility is not an implacable reason for lawful cessation of the mayor’s mandate, but, on the contrary, it can avoid such a consequence by renouncing the incompatible function within the same period provided by the law in case the incompatibility is established by the prefect.