Moisoiu is still councilman

Mureş Tribunal did not sustain the legal action of Ion Popescu against Dănuţ Moisoiu

Dănuţ Moisoiu will go on being a local councilman. Mureş Tribunal did not sustain the request of PD-L [Democratic Liberal Party] member Ion Popescu for the acknowledgement of the invalidity of Moisoiu's councilman mandate, on the reason that he had been excluded from the party when he was validated as councilman.

After one year since Popescu - Moisoiu fight started in court, judges give the latter right and decided that his councilman mandate with Constanţa Local Municipal Council was valid. We should mention that, along the time, the file went from one court to another. Initially registered in the administrative legal and fiscal department of   Constanţa Tribunal, next the file got to the High Court of Cassation and Justice and ended up in the Mureş Tribunal. In Constanţa law court, the case was registered on 23^rd of June 2008 and was given no 4864/118/2008. In this lawsuit, the plaintiff part was played by Ion Popescu, while Dănuţ Moisoiu and Constanţa Local Municipal Council were defendants. Popescu addressed the court of law in order to obtain the annulment of the decision which validated Moisoiu as a local councilman, with the constitution meeting of Constanţa Local Council, from 18^th of June 2008. During the same meeting, the mandate of Ion Popescu was invalidated, but he was later recognised by the court the quality of councilman. Back to the Moisoiu case, according to the statements of the PD-L member, he should not have been validated in the position of councilman as, on that date, he had already been thrown out of Constanţa PD-L. Almost a month later since the suit got to the court of law, the case was suspended as Dănuţ Moisoiu addressed the High Court of Cassation and Justice, in order to ask for the file displacement to another court. Although the new file was registered by the supreme court of law since July, the displacement request was judged on 21^st of October, after two adjournments. By sentence no 3604, the High Court of Cassation and Justice sustained Moisoiu's claim, considering that the suspicions expressed by him about the impartiality of Constanţa magistrates were real. The High Court moved the suit to Mureş Tribunal, but also decided to keep the documents already added to the file. When registered to the administrative legal and fiscal department of Mureş Tribunal, the lawsuit had several adjournments. Finally, the judges inquired the claim of Ion Popescu and, once they adjourned the sentence for two weeks, they decided the claim as insubstantial. The sentence from Mureş is very important as it is final, which means that it cannot be contested. Contacted by phone, Ion Popescu declare that the party would decide if they would take any further action in respect to the councilman mandate of Dănuţ Moisoiu.

Dănuţ is denying

On the other hand, we should notice that Moisoiu made some moves after he was thrown out of the party. On 1^st of August 2008, he sued the Democratic Liberal Party, Constanţa Local Coordinating Council of PD-L, Constanţa County Permanent Office of PD-l and Constanţa Local Municipal Council. Moisoiu asked Constanţa magistrates to dispose, by means of a sentence, his acknowledgement of his being a PD-L member. In other words, it seems that Moisoiu is denying the fact that he was excluded from the party. According to the statements of his solicitor, Moisoiu claimed "mainly, to be recognised the fact that I still have the quality of PD-L member, as a result of the decision of Constanţa County Coordinating Council and of Constanţa Local Coordinating Council, which called off the sanctions for exclusion from the party applied by Constanţa County Permanent Office to a number of member, one of them being myself". Dănuţ Moisoiu was thrown out of Constanţa PD-L on 5^th of June, around 21.30 hrs, having been accused by collaborationism to PSD. On the other hand, the councils the former PD-L party is founding his action we re considered unstatutory by   Constanţa PD-L. In reply, the PD-L lawyers showed that the court did not have the legal capacity to decide on such the action initialised by Moisoiu, as this capacity was pertaining to the organisms having jurisdictional attributions within the party. The National Commission for Statute, Ethics and Litigations within PD-L also resolved the claim of Moisoiu and decided that the decision of exclusion is final. "Due to the fact that, with the internal jurisdiction of the party, all the contesting ways stated in the PD-L Statute and accomplished by the plaintiff against the exclusion decision, were resolved in a final manner, we consider that his claim of acknowledging the fact that he kept his quality as a member until the final resolution pronouncement, cannot be taken into account", the party's representatives declared. On 9^th of January 2009, Constanţa Court of Law suspended the lawsuit between Moisoiu and PD-L, until that from Popescu and Moisoiu would have a final sentence. As the court already pronounced a sentence for the second lawsuit, it's possible that the lawsuit in Constanţa should be soon continued.