What happens when the rules are changed in a way that can remove a political rival from office? Romania is now facing this question.
The recent case of Dominic Fritz, President of ALDE Party member USR, shows why. The removal of an elected leader from office based on a technicality raises serious questions about democratic freedoms and the rule of law in Romania.
When the rules changed:
Six years ago, on his second day as mayor of Timișoara, Fritz signed an urban plan produced entirely by the previous mayor. One of the architects involved in the zoning plan had given Fritz a campaign loan – which was deemed an administrative conflict of interest. Fritz was sanctioned with a 10% salary cut for six months and a ban on running for public office after his current term ends in 2028.
This seemed settled. But this month, as Romania was trying to meet an EU deadline to unlock €770 million in recovery funds before 31 August, the rules changed.
PSD, with the support of far-right AUR, pushed for a change to the integrity law that could remove Fritz from office - reviving a case that had already been settled. This left President Nicușor Dan with the choice to protect the democratic principle at stake, or risk delaying legislation linked to €770 million in EU funds.
By signing the integrity law, he thus allowed the new rules to take effect and Fritz to lose his office.
Where does this leave Romania?
The concern is not over Fritz being punished. It is that the rules were changed in a way that could be used to remove an elected leader after the fact. This raises much bigger questions about the health of Romania’s democracy, and about what happens when legal justifications are used for an autocratic-style removal.
Anti-corruption cannot become an avenue for purging a political opponent. What happens in this case matters far beyond Fritz. If political leaders can be removed through rules changed after the fact, it creates a precedent that can be used against others tomorrow.
Fritz responded to the situation, saying:
"I will remain an involved Timișoara citizen. And president of USR. And from these positions, I will continue to fight, together with you, against the octopus that has suffocated Romania for 36 years. We need to be as many as possible to change the rules of the game."
Liberals will always fight corruption. But they will never accept a system where anti-corruption rules are used to punish political opponents.
Democracy allows voters to choose who governs, but if governments can change the rules after an election to remove the people voters chose, then the damage goes far beyond one politician.
Today it is Fritz. Tomorrow, it could be another political opponent. And with every exception, another piece of our democratic safeguards is slowly whittled away.
*Co-authored by Ioana Pavel, Political Assistant at ALDE Party.