Cristian Popescu Piedone’s housing situation was the subject of an appeal against his candidacy for the Capital City Hall, submitted by Valerian Sălăvăstru, a former subordinate of the mayor from sector 5. The appeal was rejected both by the Central Electoral Office and by the court.
Where does Piedone live: in Ilfov or in sector 4
At the end of April, the Bucharest Court of Appeal rejected Sălăvăstru’s action as unfounded, but the judges did not analyze the merits, whether Piedone lives in sector 4, where he declared his domicile, or in Bragadiru, Ilfov, at his mother-in-law’s house .
The plaintiff claimed that Piedone requested, in the files he had, that the procedural documents be communicated to him at his home in Bragadiru, where he was also handed in, and that his wife would have the “address from the identity card” there .
Sălăvăstru also claimed that there is a commercial company belonging to his wife at the address in the United Principalities, he attached photos that would attest that “it is not even a residence where a family life could actually take place”.
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A hairdresser would work at the address in Bucharest
“The candidate together with his family, children and wife, live in Bragadiru, there he travels daily, in this sense also his press statements, at the address in the United Principalities, being only a headquarters where the activity of a hairdresser is carried out.
In fact, where the candidate declared his residence in order to participate in these elections, in the United Principalities, the activity of a commercial company, a hairdresser, is carried out, and photo plates are attached from which it can be seen that it is not even a domicile where a family life could actually take place.
The representative of the appellant-complainant sees that it is a relative presumption that can be overturned by the approved evidence. The candidate together with his family, children and wife, live in Bragadiru, there he travels daily, in this sense also his press statements, at the address in the United Principalities, being only a headquarters where the activity of a hairdresser is carried out”. the plaintiff pointed out, in the application addressed to the court.
He requested proof of documents, requesting the issuance of an address to the City Hall of Sector 5, in order to communicate travel orders on the route to Bragadiru.
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Piedone, about the house in Bragadiru: “The mother-in-law is very sick, I stay with her more”
The statement “incriminated” by the former economic director is one made by Cristian Popescu Piedone during February, when the mayor participated in a television show and addressed his housing problem, in the context of the seizures he had in the Colectiv file.
“I am a simple tenant, it is improper to say, with my children in the house. My mother-in-law being very ill, I stay more with her, who has a house in Bragadiru. Being very sick, my wife, meaning his daughter, has to take care of her, treatment, diabetes… There were certain files that told me that Piedone changed his domicile and let’s make him lose his mandate. No, I am domiciled in the United Kingdom and will remain there”Piedone said in February 2024, on B1 TV.
The judges say that the verification of the domicile would generate a state of uncertainty
The judges did not have to analyze the housing situation of Cristian Popescu Piedone on the merits, but only to establish whether, in his case, the BEC violated the electoral law when it accepted his candidacy. In their reasoning, the magistrates claim that the Central Electoral Office has no powers to investigate such situations, especially since such a procedure would take a lot of time and jeopardize the electoral act.
“The reason for imposing on candidates the obligation to establish residence on the territory of the administrative-territorial unit in which they are to be elected by entering the mentions in the public records is that the local elections are held according to a predetermined calendar.
The terms in which the local constituency office has to resolve the candidacy files and subsequently the courts to rule on the appeals filed are short to ensure the speedy resolution of these disputes, so that the administration of complex evidence, in the sense of proving another domicile according to common law would generates a state of uncertainty and would lead to the disruption of the electoral process”it is stated in the reasoning of the court.
Cristian Popescu Piedone declared, after submitting the appeal, that the person who formulated it acted out of revenge, after the disciplinary committee of the town hall “kicked him out”.
“I live in sector 4, everyone knows. My mother-in-law lives in Bragadiru. My domicile is in sector 4. She is sick, she is 87 years old and my wife is taking care of her. And I live there more, but my home is in sector 4. I commute”explained Cristian Popescu Piedone.
Candidates must be from the locality, to be aware of the problems of the citizens
The electoral law says that the mayors, councilors and presidents of the county councils must be domiciled on the territory of the administrative-territorial unit they are running for.
The rationale for this regulation is that the candidate must be part of the community and know its problems well enough to be able to solve them.
The exception is the sector elections, where candidates can be domiciled in Bucharest, regardless of the sector. The law also says that “the domicile of the natural person is where he declares that he has his main residence”.
The court’s conclusion: home is where it says in the bulletin
In the present case, the press articles cannot be of a nature to dismantle the mentions written in the candidate’s identity card. In the absence of any evidence to support his claim, the plaintiff’s action was dismissed.
“Therefore, the fact that Popescu Cristian Piedone is temporarily at another address, other than the one mentioned in the identity documents, cannot produce legal effects regarding the submission of the candidacy to the BECMB, as long as the manifestation of his will in establishing the domicile was carried out in accordance with the legal provisions.
Considering the listed provisions, the respondent showed the court first of all that the provisions of art. 4 of the Electoral Law imposes the obligation to establish the domicile in the constituency of the territorial administrative unit for which the candidacy was submitted are fulfilled”the judges concluded.
In the declaration of assets, Cristian Popescu Piedone declared only one building, an inherited house in Bucharest, with an area of 73 square meters.
Tags: Piedone run Capital City Hall lives Bragadiru Reasoning court
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