LAW IN ROMANIA

ORGANIZZAZIONE DI VOLONTARIATO

,,SORRISO DEL SOLE “

www.sorrisodelsole.it

LAW IN ROMANIA

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ROMANIA DOES NOT MEET COMMITMENTS NEGOTIATED WITH THE EUROPEAN UNION NOR THE CHAPTERS FOLLOWING THE ADMISSION INTO THE EU ON JANUARY 1, 2007 ROMANIA. NAMELY: COMMITMENT ROMANIA

REGARDING THE CHAPTER ON JUSTICE AND HOME AFFAIRS, I WILL MENTION ONLY LAW 69 OF 26 MARCH 2007 COMPLETED BY THE LAW 78/2000 ON PREVENTING, DISCOVERING AND SANCTIONING CORRUPTION! WHAT HAS ROMANIA COMMITTED TO ACCOMPLISH: EU stresses that any deficiencies on the fulfillment by Romania of its commitments can be the base for the activation of the safeguard clause. On Justice and Home Affairs, I am not going to present anything else than LAW 69 OF 26 MARCH 2007 in completion to Law 78/2000 on the Prevention, finding and sanctioning corruption! WHAT is ROMANIA committed to accomplish: EU stresses that any deficiencies on the fulfillment by Romanian commitments can represent the foundation for the activation of the safeguard clause.

Terms from the Chapter “Justice and Home Affairs”

- Point 3: Developing and implementing an updated and integrated action plan and of a strategy to reform the judicial system, including major measures for the implementation of the law for the organization of the juridiciary system, the law concerning the status of judges and the law on the superior council of magistrates that was enforced on the 30TH of september, 2004....

- Point 4: The considerable acceleration of the fight of corruption and particularly that of a high-level corruption…ensuring the strict application of the anticorruption legislation and the effective independence of the pna and respectively dna;

- Point 5: Making an independent audit of the results and overall impact so far generated by the national strategy.

What has ROMANIA done?

Romania has accomplished to enforce the LAW 69 on the 26th MARCH 2007 for the change of point. The points b) and c) are concerning Art. 10 of Law no. 78/2000, concentrated on the prevention, discovering and sanctioning of corruption in Romania.

The Parliament of Romania adopted the present law.

Sole Article:

• The letters b) and c) of Article 10 of Law no. 78/2000 on preventing, discovering and sanctioning corruption published in “Monitorul Oficial” of Romania. Part I, no. 219 of May 18, 2000, with amendments and additions, changes and will have the following wording:

“b) The granting of subsidies in the violation of law, the non-pursuit by law to the destinations of subsidies;

c) There is the use of subsidies for other purposes than those for which they were granted, and the use of the public funds or guaranteed loans for other purposes, remaining to be repaid in public funds.” See the chapter “The fight anti-corruption” where Romania has undertaken the mission to continue the fight to eradicate corruption at the highest level, and not only ... Unfortunately high-level corruption politicized, people accused remain unpunished thanks to legislation.

The abilities of the institutions in fighting corruption (DNA, PROSECUTOR’S OFFICE ... ETC.) that cannot open investigation against those accused of corruption precisely because of these laws seem to protect the corrupt ones! By this law one can steal ANY AMOUNT. And the loss will be recovered from public funds... THE ROMANIAN PEOPLE WILL PAY!

From the following documents we notice the following aspects:

- The Penal Code (one can see its particularly serious consequences). Prosecution is initiated only when property damage exceeds 2.000.000 lei. That is 500,000 euros! And prior to coming into force of this variant of the Criminal Code, criminal prosecution begins from a property damage of more than EUR 10,000,000!!!!!!!!

- Law no. 78/2000, Article 13: (1bis) National Anticorruption Department is empowered to conduct criminal prosecution, if one or someone’s actions caused a material damage higher than the equivalent in RON of EUR 1,000,000!!!!!!!!!! Romania made the exact opposite of what the country signed with the EU!

What is the truth to the question: Why there are no measures taken against Romania? ANSWER: IN EXCHANGE, THERE ARE THE EUROPEAN FUNDS THAT HAVE TO COME TO ROMANIA BUT THEY GO TO OTHER EU COUNTRIES, WITH THE ASSISTANCE OF SOME ROMANIAN MEPs WHO ASSURE THEIR SUPPORT FOR A MAJORITY WITHIN CERTAIN POLITICAL FORCES AND IN THE EUROPEAN PARLIAMENT COMMITTEE, AND ALSO IN EXCHANGE FOR THE MATERIAL PERSONAL BENEFITS, ROMANIAN MEPs WERE GIVEN A FREE HAND TO MAKE THE LAWS AT WILL EVEN IF ALL ROMANIAN TREATIES SIGNED AND JOINED, AND TO WHICH ROMANIA HAS ADHERED WERE TO BE BROKEN!!! These persons were allowed to place their “PEOPLE OF BASE” at the different European and international institutions that are not nothing but hinder any move, or revolt, as a complaint against Romania, to reach the right point!!

SEE THE PROCEDURES WHICH CEDO, OR THE EUROPEAN COMMISSION, THE EUROPEAN PARLIAMENT, THE EUROPEAN OMBUDSMAN, THE ANTI-FRAUD COMMISSIONS OR THE UN... ETC WHEN ONE IS TO DEPOSIT A REQUEST WITH THEM! WE ARETAKEN AWAY THE VERY RIGHT TO LIFE! THEY ARE ALL AGAINST THE APPLICANT REQUESTING, AND IN FAVOR OF THE MAFIA IN ROMANIA!!!!!! THEY ARE NOT FOR THE ROMANIAN PEOPLE! ON THE BACKGROUND OF TERRIBLE POVERTY, “THEY” HAVE MADE FORTUNES; THEY HAVE GATHERED COLOSSUS WEALTH AND PENSIONS, WHILE THE MINIMUM WAGE IS AROUND 100 EUROS NETTO. WE HAVE HERE A PARADOX: ROMANIA HAS THE RICHEST PEOPLE IN THE WORLD, BUT THE POOREST, TOO. From reliable sources we learn that the external debt of Romania exceeded EURO 100 billion! These laws have practically neutralized the fight against corruption. The institutions of the state are in paralysis, and thus Romania does not comply with the commitments of admission in the EU, and it does not comply with the Community law. IN FACT, ACCORDING TO ART.228 OF THE TREATY ESTABLISHING THE CONSTITUTION OF THE EUROPEAN COMMUNITY (TEC) WE URGENTLY SOLICIT THE OUTBREAK OF THE “INFRINGEMENT” PROCEDURE OF ROMANIA AS AN EU MEMBER STATE THAT DOES NOT COMPLY WITH COMMUNITY LEGISLATION.

The mission of the Romanian MEPs, is to maintain high-level corruption and to take away from us our right to inform the European institutions of the legal situation in Romania and of the abuses of justice made in Romania, and the other is to support the Romanian MEPs, and to maintain a permissible legislation for the offenders of law in Romania. The worst problem is that European funds that were supposed to get in Romania, took a different destination! I personally think there is misuse of European funds that is why it was created a “soft law” in Romania for the benefit of illegal funding, to be legally covered and to ease the introduction of money in the circuit. Money laundering involves the overall economic and financial techniques and methods by which money or other property derived from unlawful activities, fraud, or corruption and underground economy, to be detached from their origin, and then to be given a legally and economically apparently justified origin, in order to be invested in the real economy.

THE REPORT OF THE COMMISSION TO THE EUROPEAN AND THE COUNCIL on the progress concerning the accompanying measures in Romania after accession. What is raising a huge question mark is the following aspect: Why is this report of the Commission made on a report by the government of ROMANIA!?

WHO CHECKS IF THE DATA AND ASPECTS FOUND IN THIS REPORT (BY THE GOVERNMENT) ARE REAL?? AND WHY IS THIS REPORT MADE BY THE GOVERNMENT … FOR THE GOVERNMENT!

As following, I quote from the report.

Methodology

The present report was prepared based on several sources of information. The primary source of information was the Government of Romania (90%)! We have obtained, also, information and analyses from the EC Representation Office and Member State diplomatic missions in Romania, from the civil society organizations, associations and expert reports. The Commission has organized missions to Romania in April 2007, within the cooperation and verification mechanism. Also, at this data gathering took part individual experts from Member States and Commission departments. The objective was to obtain an independent assessment of progress. The experts drew up reports which subsequently were sent to Romania for a correction of any factual inexactitudes. In this Report there is no indication of anything of the above. I wonder where are the institutions of the state of law in Romania to ensure the observance of laws ... or of the Human Rights...... NO ONE BUT ESPECIALLY NO ONE FROM THE EUROPEAN COMMISSION, THE UN, CEDO... ETC... TAKE NO ACTION!!!!!! WHY DOESN’T CEDO TAKE MEASURES AGAINST ROMANIA (WHEN APPLICABLE)?? I MEAN WHY NO MEASURE, SINCE ROMANIA SHOULD HAVE TO PAY DAMAGES IN AMOUNTS OF TENS AND EVEN HUNDREDS OF MILLION EUROS??? WHEN A PERSON SUFFERS INJUSTICE FROM THE ROMANIAN STATE HE OR SHE RECEIVES COMPENSATION OF AN EXTREMELY SMALL VALUE! I HAVE DISCOVERED INTERESTING INFORMATION: ROMANIAN JUDGES FROM CEDO ARE THE 92-93 WHO HAVE “FABRICATED” THE LAW! AND NOW THEY DEFEND IT!!!!!! WITHIN ROMANIAN JUSTICE ONLY THE MINISTERS CHANGED..!!!! NOW THE ADVOCATE OF DINU PATRICIU, WHO IS THE RICHEST MAN IN ROMANIA AND THE WORLD, IS THE JUSTICE MINISTER. WHO, JUST BY MANEUVERS ON THE MARKET AND AT THE STOCK MARKET TOOK 2 $ BILLION ... AND WHO LEADS ROMANIA! HE HAS ALSO GAINED A FEW BILLION EUROS FROM OTHER FUNDS, ALL AMOUNTING IN REALITY TO A FORTUNE OF 100 BILLION EUROS! HE FUNDS THE ROMANIAN PARTIES PSD AND PNL ASSURING THE LIBERAL MAJORITY IN PARLIAMENT, RECEIVING IN RETURN A CUSTOM MADE LEGISLATION FOR HIS NEEDS. The biggest question is: is the suspicion that the Romanian state gave sterling the oil and gas resources from the black sea before knowing the Hague decision. WHO IS THE TRUE BENEFICIARY? DINU PATRICIU! HE IS FOLLOWED BY DAN VOICULESCU, WHO HAD TAKEN FROM ROMANIANS IN 1989-1992 ABOUT 10-12 BILLION DOLLARS, AND HAS MANY FIRMS ON HIS NAME AND ON HIS DAUGHTERS NAMES WITH A FORTUNE ESTIMATED AT APPROXIMATELY 20 BILLION EUROS, AND OTHERS, GEORGE COPOS, GEORGE FOREST, MARIAN IANCU ... MANY OTHERS WHO MADE THEIR OWN TRUSTS PRESSES AND MANIPULATE THE POPULATION. TODAY ... THE FORMER SECURITY PEOPLE OWN IMPORTANT POSITIONS IN POLITICS AND BUSINESS. THEIR COMPANIES ARE THE CLIENTEL OF THE GOVERNMENTS OF ROMANIA THAT ALL, ONE BY ONE, CAME TO POWER. THEIR DEBTS, OF BILLION OF EUROS ARE FORGOTTEN.

Today, the former Security officers are divided into three broad categories. The first one includes those who have a successful life as politicians or businessmen. Second, those who have a successful life, but also successful careers, reaching for the rank of captain, major or colonel before 1989, to the general and even the head of the intelligence structures in Romania, functions that bring besides living a rich life style, the sweet feeling of power. In the third category there are the “losers”, withdrawn from any activity, who prefer to live simpler, on pensions, to which sometimes they add parental household income from the countryside or, in the happiest cases, from a working activity, like that of the advisor to companies of security and protection or chief of staff to small and medium enterprise. The three elements we find supported the state of terror in Romania with the help of Security. They consist first of all in the practice of violence and the abusive arrests, in the illegal detentions even in relation to the communist law and torturing political opponents. Secondly, the state institutions have practiced a classification of public information, imposing its monopoly and control, and in the third place it has developed an extensive process of population control and manipulated population to support a vast network of informants working for the political police (security) developed by the political police. Violence, secrecy and control were the leverage used by the communist regime in preserving security by exercising political police. One may put the power control scheme on the control mechanism, the Security mechanism, exerted on the mechanisms of fear, because “next to fear there is also the cowardice in front of the authority, the compulsion to carry you well, to situate on that clever line and also withdrawal in the shell of the snail: a mixture between submission and reflex to pretend to be dead. The most effective security services are made simply by the existence of the political police, not by its actions. It triggers a fine mechanism of self-censorship, a subordinate consciousness, which acts as a system of reflexes and annihilates all outputs from origin, preventing the emergence of conflicts with the system.”

We request the sanction of Romania as EU member state that does not respect the negotiating chapters, which it negotiated for the EU integration, namely:

At the Chapter “CHILD PROTECTION”: Romania has undertaken to respect children’s rights in accordance with the UN Convention of the 20th November 1989, Convention on the basis of which Romania joined the EU. The Law 272/2004 on the protection and promotion of the children’s rights is in contradiction with Article 9 of the UN Convention of 20 November 1989, but the treaties and conventions which Romania has signed or acceded to in what CHILD protection is concerned.

Why that child in difficulty to be taken away from his parents (in conformity to LAW 272/2004 ART.56, letter b) and taken to state care to a physical person of to a maternal assistant, or to a residential service? Contrary to the UN Convention of 20 November 1989, Convention on the basis of which Romania joined the EU. SAVE ROMANIA! SAVE THE ROMANIAN PEOPLE STILL UNDER THE “FEAR OF SECURITY.” SAVE HUMAN AND SPIRITUAL VALUES! SAVE ROMANIA FROM THE PACKS OF THE FORMER SECURITY THAT DESTROYED EVERYTHING AND THAT HAS SOLD ALL FOR THE PRICE OF NOTHING, AND ON THE FUND OF TERRIBLE POVERTY AND MADE HUGE FORTUNES AND TODAY ARE POLITICIANS, BUSINESSMEN. THEY HAVE OVERTAKEN ALL MEDIA, AND DISINFORM AND MANIPULATE THE POPULATION! SAVE THE ROMANIAN PEOPLE FROM POVERTY, HUNGER, AND IMPROPER HEALTHCARE SYSTEM! SAVE THE ROMANIAN PEOPLE FROM THE FORMER SECURITY PEOPLE!

PRESIDENTE

RADU PETRE

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