Corruption Case Involving Constanta Mayor Radu Mazare Reopened; Constitutional Court Notified

Thus, the Bucharest Court of Appeals decided to suspend the trial after having admitted the requests of the defendants' lawyers to notify the Constitutional Court on several exceptions of unconstitutionality. The lawyers claim that several articles of Law 78 setting measures to prevent, identify and punish acts of corruption committed by public servants go against the Constitution. They also say a mayor is elected by people and is not a public servant.

The Court suspended the trial until the Constitutional Court solves the exceptions of unconstitutionality and decided it will check the stage of investigations on October 6.

Mazare and other 36 people, among whom former and current public servants within the Constanta mayoralty and the Cadastre Department, as well as notaries public, were indicted on October 28, 2008 and charged with the illegal retrocession of several land plots, causing damages of EUR114 million.

According to prosecutors, the transactions involving land plots were made by breaching the laws regulating retrocessions and even article 136 of Romania's Constitution. Under article 136 of the Constitution, "assets of public interest and national interest make solely the object of public property".

According to prosecutors, damages are estimated at nearly EUR114 million, of which, EUR77.77 million in damages to the state and EUR36.16 million in damages to the city of Constanta.

The defendants are charged with breaching Law 10/2001 regarding people entitled to operate retrocessions.

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