June 5, 2021
Luju.ro Has Made an Excellent Summary and Presentation of the Sovereignty Act
“Anyone who compels Romanians to be vaccinated, by discriminating against those who refuse to let themselves be injected, could be liable to imprisonment from 2 to 7 years, like any other person found guilty of abuse of office under Article 297 of the Criminal Code. This provision is contained in the draft Sovereignty Law, which the lawyer Dan Chitic (photo 1) submitted to the Legislative Council on Friday, 4 June 2021. The above limits of punishment are increased by one third if the public servant obtained for himself or for another an undue advantage, under art. 13/2 of Law no. 78/2000 on the prevention, discovery and punishment of acts of corruption.
Lumea Justiției has written repeatedly about the legislative initiative, but this time we present to you the form that will enter Parliament once maestro Chitic has gathered the at least 100,000 signatures required by the Constitution (art. 74(1)):
“The legislative initiative belongs, as the case may be, to the Government, to deputies, to senators or to a number of at least 100,000 citizens with the right to vote. The citizens who exercise their right of legislative initiative must come from at least a quarter of the counties of the country, and in each of these counties, and in the municipality of Bucharest, at least 5,000 signatures in support of that initiative must be registered.”
Chitic’s law cuts the roots of the evil
What is more: the Sovereignty Law repeals in its entirety Law no. 55/2020 (on certain measures for preventing and combating the effects of the COVID-19 pandemic), which allowed the authorities to indulge in the well-known abuses of the past year.
Besides the prohibition on discrimination according to vaccination or non-vaccination, the law removes the secret services not only from criminal files (with the exception of those concerning terrorism and espionage) but also from the press, from NGOs and from the business world, the normative act forbidding the intelligence services to hold companies and non-governmental organisations, whether directly or through intermediaries, or to operate within media institutions. Another secret service targeted is the Special Telecommunications Service (STS), which the bill removes from the procedure for organising and conducting elections.
Still in the criminal field, we note that the President of Romania may be charged with high treason if he refuses to apply the decisions of the Constitutional Court of Romania in the matter of settling legal conflicts of a constitutional nature. We note that art. 398 of the Criminal Code punishes high treason with imprisonment from 15 to 25 years.
An end to endless confinement in psychiatric wards
Before we pass to the economic part of the law, we should point out that it introduces a real protection for Romanians abusively committed. As Lumea Justiției explained in detail in the article on the case of Câți Barzecu of Constanța (click here to read), the present Code of Criminal Procedure offers no effective guarantees in this regard, which is why any Romanian whom a prosecutor takes against (or who, generally, has become inconvenient for the regime) can very easily be committed by force to an asylum and forgotten there.
That is why the Sovereignty Law makes it obligatory for forcible confinement in a psychiatric ward to be subject to judicial review, just as in the case of judicial supervision or of other preventive measures.
Protecting Romania’s economic sovereignty
Equally important are the passages in which the Sovereignty Law deals with the protection of Romania’s economic interests. In the first place, the draft normative act prohibits privatisations and forest clearances until 1 January 2121. In the second place, it obliges the National Bank of Romania to repatriate the country’s gold reserve, now in London.
At the same time, the legislative initiative requires that the royalties for the exploitation of natural resources be fixed at a level that cannot be lower than the European market average.
We note that the lawyer Dan Chitic has for the moment declined to reveal all the persons who contributed to the drafting of the project, but one public acknowledgement to that effect has already appeared, from the lawyer Adrian Toni Neacșu (photo 2).
We also state that anyone wishing to gather signatures for the legislative initiative may enrol as a volunteer through the site Vremsuveranitate.ro.
As we were saying, here are the statement of reasons and the text of the project (see facsimile and video):
“Legislative project: ‘the Sovereignty Law — the Law for the protection of the superior and sovereign interest of the Romanian people and citizen’
Starting from the constitutional principle according to which national Sovereignty belongs to the Romanian people, and likewise from the need for greater involvement of the Romanian citizen in the decision-making and legislative process, through the implementation of the principle of participatory democracy by the exercise of the right of legislative initiative by at least 100,000 citizens with the right to vote, in accordance with art. 74(1) of the Constitution,
Having regard to the necessity of guaranteeing and strengthening the fundamental rights of the citizen by establishing norms that make it impossible to limit, delay or evade parliamentary scrutiny of normative acts providing for limitations, restrictions or conditions upon fundamental rights and liberties, and likewise to the necessity of repealing the legal provisions in force that make such unconstitutional limitations possible,
Bearing in mind the imperative character of the Oviedo and Nuremberg Conventions, international conventions to which Romania is a party, as well as the necessity of implementing these conventions directly and immediately in national legislation, with the effect of prohibiting explicitly and without distinction the compulsory administration of any treatments and/or medical devices, and of prohibiting any form of discrimination as a consequence of accepting or refusing any treatments and/or medical devices,
Having regard to the fact that the protection of human dignity rests upon the idea that man is an intellectual and moral being inclined to determine himself and to develop in freedom, and likewise that the inalienable dignity of man consists precisely in the necessity that his standing as a responsible person be respected,
Taking into consideration the necessity of strengthening the rule of law by observing legality and constitutionality through the direct, non-discriminatory and immediate implementation of the decisions of the Constitutional Court,
Having regard to the necessity of rendering transparent the decision-making process of the administration by publishing all acts of general interest and making them available in full and free of charge through the Official Gazette of Romania; to the guaranteeing of freedom of expression in the online environment; as well as to the need for parliamentary representation of as large a proportion as possible of the Romanian citizens with the right to vote,
Taking into consideration the disastrous ecological situation at national level, and likewise the drastic diminution of the national forest fund caused by the massive and irrational clearances and clear-cuttings of the last 30 years, as well as the necessity of prohibiting the abusive and excessive exploitation of the forests for the purpose of rebuilding and regenerating the national forest fund, and also the need for an immediate and total prohibition of the export of unprocessed timber and of the import of waste,
Bearing in mind the obligation to conserve the national patrimony and likewise the need to maximise, for the Romanian citizen, the profitability of the exploitation of the riches held in public ownership, with the consequence of criminalising any deeds that have the effect of diminishing the national wealth,
Having regard to the low degree of transparency of the decision-making process within the public institutions of Romania, as well as to the imperative necessity of prohibiting any manner of interference by the services of intelligence, counter-intelligence and those assimilated thereto in public life outside their own field of activity,
Taking into consideration the necessity of defending the whole national territory by the whole people on a voluntary basis, as well as the need to acquire new, latest-generation military equipment directly from the manufacturer and exclusively in observance of the national legislation governing Offset in the field of military procurement,
Bearing in mind the decisions of the Constitutional Court on the constitutionality of certain provisions in criminal and criminal-procedural matters, and in other social fields as well,
Having regard to the fact that the more than 100,000 signatures in favour of the present popular legislative initiative constitute a sound argument for reconsidering the will of the Romanian people and its sovereignty,
The Parliament of Romania, following the popular legislative initiative, adopts the present law.”
The whole article at https://m.luju.ro/puscarie-pentru-discriminarea-nevaccinatilor-avocatul-dan-chitic-a-depus-la-consiliul-legislativ-proiectul-legii-suveranitatii-reprezinta-abuz-in-serviciu-discriminarea-privind-acceptarea-sau-refuzul-unui-tratament-medical-presedintele-bagat-la-inalta-tra
Our thanks to Valentin BUSUIOC!
Our thanks to Luju.ro!
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