The Senate convened Tuesday to dismiss Diaconu but did not have the required quorum for the procedure.
The Constitutional Court recently upheld a final ruling by the High Court of Justice stating Diaconu was incompatible with public office. The Court had ruled Diaconu was incompatible with the position of senator because he was also director of the Nottara Theater in Bucharest.
Despite the ruling, the Senate rejected on October 30 a request submitted by the National Integrity Agency to dismiss the liberal senator. On October 31, the High Council of Magistrates notified the Constitutional Court regarding the Senate’s refusal to observe the final court decision.
Diaconu stepped down as Culture Minister this summer, after he lost his final appeal against the ruling of incompatibility.
Diaconu, an actor, said recently he will not be running for a new senator term and plans to go back to acting.
Romania holds parliamentary elections this Sunday.