8. Incompatibilitatea funcției de consilier județean cu cea de director al Direcției Regionale de Drumuri și Poduri. Statutul juridic al Direcției. Sfera de aplicare a art. 88 alin. (1) lit. d) din Legea nr. 161/2003
8. Incompatibility of the county counselor position with the position of manager of the Regional Roads and Bridges Directorate. Legal standing of the Directorate. Scope of application of art. 88 para (1) letter d) of Law no. 161/2003

Summary/Abstract: According to art. 88 para (1) letter d) of the Law no. 161/2003, the position of local or county counselor is incompatible with that of president, vice president, general manager, manager, shareholder, director, member of the board of directors or auditor within government business enterprises and national-interest companies with their headquarters or that have subsidiaries in the respective administrative-territorial unit. Whereas they concern the headquarters of national-interest companies, without a distinction between the main and secondary offices, as well as in the light of the ubi lex non distinguit nec nos distinguere debemus principle, the legal control court appreciates that these legal provisions have been erroneously interpreted and that the unlawfulness of the challenged administrative, i.e. the valuation report that correctly acknowledged the incompatibility, has been erroneously retained.

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