OPEN LETTER
FOR THE ATTENTION OF THE MINISTER OF INTERNAL AFFAIRS, LUCIAN BODE
Do not erase from the map more than 50 localities from all over the country!
GET OUT OF ILLEGALITY, respect ROMANIA'S CONSTITUTION!
Dear Minister,
At this moment, the fate of hundreds of thousands of Romanians lies entirely in your pen and in the way you decide to respect the laws in force. You have not done this so far, as demonstrated by the unprecedented situation in which you have left a sector of the capital.
The office of Mayor of Sector 5 in Bucharest was declared vacant on 09.06.2022, by order no. 358 issued by the Prefect of Bucharest. The early termination of the mandate became final on 12.07.2022, with the final judgment in civil case no. 15826/3/2022.
As a consequence of the above documents, according to Art. 120 paragraph 2 of the Civil Code, the 2 of OUG no. 57/2019 on the Administrative Code "the elections referred to in paragraph 1 shall be organized within 90 days of the issuance of the prefect's order referred to in paragraph 118 paragraph 4, under the conditions of the law on the election of local public administration authorities"
Minister Lucian Bode, you have not done what the law says! The local elections in Sector 5 of the Capital should have taken place by 10 October at the latest and the Government should have adopted the H.G. on the organisation of the elections by 5 September at the latest, in order to comply with the 90-day deadline set by the Administrative Code.
You have chosen to ignore the rights of citizens to be represented by a mayor elected by them, you have committed an abuse and an illegality and we ask you to rectify the situation urgently.
Just as you must do for some 50 other localities in Romania, some of which will not have a mayor directly elected by citizens from 2021. For example, in:
- - Jibert (Brasov) - the mayor was beaten to death by a local councillor
- - Sărățeni (Mureș) - the mayor died asphyxiated in a septic tank
- - Șimian (Bihor) - the mayor died after falling from a tree
- - Sângeorz-Băi (Bistrița-Năsăud) - the mayor has been convicted a second time in a criminal case for drunk driving
- - Valea Salciei (Buzău) - the mayor has taken a job at the Court of Auditors
- - Blândești (Botoșani) - mayor and deputy mayor found in conflict of interest
- - Lopătari (Buzău) - the mayor resigned
However, although the deadlines are clearly stipulated by the Administrative Code (maximum 100 days from the communication of the prefect's order if it has not been contested, respectively about 130 days from the communication of the prefect's order if it has been contested), the Ministry of Internal Affairs does not hurry up with the organization of local by-elections, violating the provisions of Article 160 paragraph 11 of the Administrative Code.
FACIAS, as an organisation fighting for the respect of citizens' rights, reminds you, Minister Lucian Bode, that the obligations of the government to set the date for the organisation of local by-elections and to issue a decision to this effect are stipulated by mandatory, and not optional, rules. Thus, any violation of these rules is an abuse on the part of the Ministry of the Internal Affairs, which is directly responsible for drafting the Government Decision for the organisation of elections in localities that no longer have a mayor.
So we are asking you, Minister Lucian Bode:
- Are you aware that at this moment you are violating the citizens' right to elect and be elected, but also the right to have a well-run locality?
- When are you going to send the draft Government Decision for the organisation of elections in localities that no longer have a mayor?
FACIAS is a non-governmental, non-profit and apolitical organisation, strategic partner of the Council of Europe and the European Commission through the European Association for Local Democracy (ALDA), established in 2008 and specialised in human rights advocacy. Our main concern and work is to defend citizens against state abuses and we act as a member of CIVICUS (World Alliance for Citizen Participation) and FRA (European Union Agency for Fundamental Rights).