It depends on a decision whether the DK mayor has any other option but to resign.
It seems that there is no legal loophole that would allow László Kiss, who is under arrest, to lead the III. district, and from there take the mayor's oath in October, declared jr. Zoltán Lomnici is a constitutional lawyer. If the district's new representative body is not formed by October 15, the body will be dissolved by the Parliament, and the office of mayor will also cease to exist.
The only way for Kiss to avoid the indecent process is to resign, essentially there is no other way for him. The mayor from the Gyurcsány party became a suspect in the Óbuda corruption scandal in mid-August, according to the current situation, he should account for HUF 18 million in bribe money.
It seems that there is no other way for the Óbuda DK mayor László Kiss, who is up to his neck in the corruption scandal, but to resign. The arrest of the Gyurcsány politician was ordered until September 16, and there is a good chance that the deadline will be extended by the court. The extensive case is in the investigative phase,
Kiss' deputy, deputy mayor Gergő Czeglédy, has been under arrest for several months.
– If III. district's new representative body will not be formed until October 15, then, if appropriate, the body will be dissolved by the Parliament due to its operation against the constitution, nor will the mayor's office be abolished by law, said jr. Zoltán Lomnici is a constitutional lawyer.
Of course, the László Kisses can try different tricks, such as swearing during the arrest, but the legality of this is doubtful.
- According to experts, questions arise in connection with the obligation of the mayor's personal presence in relation to the swearing-in, as well as whether an elected mayor who is under arrest can make a written proposal for the person of the deputy mayors, and whether this can be accepted by the representative body - explained junior. Zoltán Lomnici, adding that the professional decision is the competence of the government office in this area.
The constitutional lawyer also drew attention to the fact that the requirement of personal, physical presence in relation to the swearing-in can also be derived from the relevant Constitutional Court decision.
- Although based on the organization and operational rules of the municipality, in the case of obstruction of the mayor, the co-chairman convenes and leads the constituent meeting of the representative body, this substitution authority cannot resolve the situation that results in the body's operation contrary to the constitution - pointed out the expert.
Zoltán Lomnici Jr. also touched on the fact that according to the Act on Local Governments of Hungary, the representative body - on the basis of a decision made by a qualified majority - can initiate a public administrative lawsuit against the mayor in order to establish his legal responsibility due to his serial illegal activities and omissions, the termination of the mayor's office for the sake of
The corruption scandal in Óbuda broke out in March, and ever since then, new threads have been constantly coming to the surface. The DK mayor of the district became a suspect in the case on August 14.
At that time, the staff of the Central Investigative Prosecutor General's Office (KNYF) and the agencies accompanying them at their request once again invaded the municipality of Óbuda-Békásmegyer. Almost fifty officials took part in the coordinated operation organized by the investigating general prosecutor's office, involving several locations, and the staff of the National Defense Service and the Emergency Police also participated in it. László Kiss - who was detained at his home - was suspected of being part of a criminal conspiracy and of accepting an official bribe committed in a businesslike manner, just like his deputy, the deputy mayor, Gergő Czeglédy, a few months earlier. So far, Kiss is suspected of eighteen million and Czeglédy of corruption of one hundred million.
Cover photo: László Kiss didn't have much choice
Source: MTI
