MApN files prior complaint with Presidency over revocation of decree on extention of SMAp chief mandate

The Ministry of National Defence (MApN) has filed a prior complaint with the Presidential Administration, requesting the revocation of the Decree no. 1.331 issued on December 2018 in extending the mandate of the chief of the General Defence Staff (SMAp), reads a press release on Wednesday sent by the MApN. 

According to the said source, the prior complaint, filed on Tuesday, is based on the article 7 of the Law no 554/2004 on contentious administrative matters, reasoning that the "decree breaks the provisions of the laws stipulated by Law no. 246 /2006 on the organisation and functioning of the Ministry of National Defence, article 32, paragraph 5, according to which "The Chief of the Defence Staff is the military with the highest leadership rank in the army, appointed by the Romanian President, upon the proposal of the Minister of Defence, with the approval of the Prime Minister, for a period of 4 years, with the possibility of an extension by up to 1 year." 

"In more concrete terms, the documents showed that for the extension of the mandate of the SMAp chief there must be followed the same procedure as in the case of the appointment, more exactly upon the proposal of the Minister of National Defence, with the approval of the Prime Minister. In this case, there is neither the proposal of the Minister, nor the approval of the Prime Minister," specified the release of the MApN.