Constitutional Court rules Fritz Amendment constitutional, Mayor Fritz to lose mandate

Romania's Constitutional Court has declared constitutional a controversial amendment that allows for the retroactive application of conflict of interest rulings, a decision critics say is politically motivated and will cost Timișoara Mayor Dominic Fritz his job.

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With a majority of 5 to 3, the CCR declared constitutional the so-called Fritz Amendment voted in Parliament by PSD and AUR, along with the change to the Law of the National Integrity Agency.

The "Fritz Amendment," passed by a parliamentary majority of the Social Democratic Party (PSD) and the Alliance for the Union of Romanians (AUR), dictates that individuals found in conflict of interest or incompatibility will lose their positions within 30 days if the three-year ban on holding public office has not yet expired. This effectively reinstates a previous ruling against Fritz, who was found to be in conflict of interest.

Fritz, a prominent figure in the opposition Save Romania Union (USR), had appealed the ruling, which initially resulted in a salary reduction and a ban from running for office until 2030, but allowed him to complete his current mayoral term. The Constitutional Court's decision, however, overrides this, mandating the loss of his mandate in one month.

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The amendment stipulates that individuals declared incompatible or in conflict of interest will permanently lose their position or mandate within 30 days of the law's entry into force, if the three-year ban on running for or holding public office has not yet expired.

The court's 5-3 decision has drawn sharp criticism, with opponents highlighting the retroactive nature of the law, which they claim violates the constitution. The composition of the majority voting for retroactivity, including judges appointed by PSD, UDMR, and former President Klaus Iohannis, has fueled speculation about ongoing government formation negotiations between PSD and UDMR.

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The Constitutional Court, however, changes the rule and retroactively decides that Dominic Fritz will lose his mandate in a month.

Critics contend that removing Fritz serves the interests of both the current government and opposition leader Nicușor Dan, the mayor of Bucharest. For the government, it neutralizes a political opponent and potentially weakens the USR. For Dan, it removes a significant rival. The decision could also destabilize Fritz's leadership within the USR, potentially paving the way for a government coalition that includes the PSD and possibly the National Liberal Party (PNL).

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If President Nicușor Dan does not resend the law to parliament and discuss with the leaders of the main parties about returning to the principles of law, then everything remains as the CCR established.