The Criminal Law Holds Civil Law in Place … or the Mayor? On the Suspension of the Mayor’s Mandate Following the Issuance of a European Arrest Warrant Cover Image

Penalul ţine în loc civilul … sau primarul? Despre suspendarea mandatului de primar ca urmare a emiterii mandatului european de arestare
The Criminal Law Holds Civil Law in Place … or the Mayor? On the Suspension of the Mayor’s Mandate Following the Issuance of a European Arrest Warrant

Author(s): Ioan Dumitru Apachiței
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, EU-Legislation, Administrative Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: mayor; suspension of the mandate; European arrest warrant;

Summary/Abstract: The provisions of Article 159 of the Administrative Code exclusively regulate two cases of the automatic suspension of a mayor’s mandate. However, from the overall provisions applicable in criminal matters, we can also identify other hypotheses. For example, the imposition of the obligation not to carry out the activity in the exercise of which the offense was committed, as part of judicial control measures, or the execution by Romanian authorities of a European arrest warrant. Although the two cases mentioned above are not expressly provided as situations in which the mayor’s mandate is automatically suspended, they produce similar effects and are fully applicable. Furthermore, these suspension cases also apply to the mandates of county council presidents, as well as local and county councilors. Therefore, this study aims to analyze the legal effects of the execution of a European arrest warrant has on the mayor’s mandate.

  • Issue Year: LXXI/2025
  • Issue No: 3
  • Page Range: 91-99
  • Page Count: 9
  • Language: Romanian
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