Cluj Councilors Face Mandate or Job Dilemma Under New Law

A recent legislative change has placed 15 out of 37 Cluj county councilors in a position where they must choose between their current mandates and their public sector jobs. This stems from Law 165/2026, which extends incompatibility rules to include contractual staff in public institutions, prohibiting them from simultaneously holding a councilor mandate and a public job.

Alin Tișe, President of the Cluj County Council, criticized the new law. He labeled it "administrative sabotage." Tișe expressed concerns that the law might lead to a lack of quorum in some local councils, potentially disrupting administrative functions and creating governance paralysis across multiple municipalities.

This issue is not isolated to Cluj County. Similar challenges are reported in Cluj-Napoca and other communes. The law requires affected councilors to clarify their legal status, and even replacement candidates might face similar restrictions.

The legislation, which modifies Article 550 of the Administrative Code, offers a solution for those affected: councilors can suspend their employment contracts during their mandates. However, exemptions are limited to teachers, researchers, and artistic creators. Administrative staff in schools and other public institutions receive no automatic exemptions.

The Association of Municipalities has requested clarification from the National Integrity Agency (ANI) regarding the application of these incompatibility rules, as ANI is responsible for evaluating compliance. Non-compliance could lead to the termination of a councilor's mandate. A subsequent three-year ban from holding elected office would follow.