• Abstract and Figures
• Public Full-text

To: 09th of January 2020 The European Commission 1049 Brussels, Belgium General Secretariat of the European Commission Honorable European Commission Madam President, Distinguished Madam President, Distiguished ladies and gentlemen The undersigned Nicolae Cristinel Olaneanu, Romanian citizen, on his behalf, and Gabriela Dana Olaneanu, Romanian citizen, on her behalf and as representative of two Romanian legal persons, respectively Galic Prod SRL and Prestige Trading SRL, both with their domicile in Calea Moşilor street. no. 290, sector 2, Bucharest, Romania and with the correspondence address in Romania, Voluntari City, Street Intrarea Vârtejului no.3G, Ilfov county, phone 0040.21.267.43.28, email address [email protected], pursuant to art. 20 paragraph (2) lit. d), art. 227 and 228 of the Treaty on the Functioning of the European Union (abbreviated TFEU) formulated the present: COMPLAINT and PETITION SECTION I. COMPLAINT. 1. Rights and legal provisions systemically and systematically violated. 2. The directions and investigation themes of the European Commission's investigation into the causes that determine the systemic non-observance by Romania of the fundamental rights mentioned in this document. In response to the current status of the seizure and direction of the justice and institutions of the Romanian State, through and by the information services officers and politicians we have set up the website www.coruptie-functionaripublici-ofiteri-farmec- consiliulconcurentei.ro, entitled ABOUT CORRUPTION IN ROMANIA, WHICH DESTROYS BUSINESS AND LIVES, representing sample 1 with annexes. 1. Rights and legal provisions systemically and systematically violated 1.1. Romania, a member state of the European Union, systemically violates the rights and provisions stipulated and protected by the Law of the European Union and does not respect the fundamental rights recognized to the undersigned and the subscribed companies, as citizens and legal persons of a European state, in the Treaty on the Functioning of the European Union and The Charter of Fundamental Rights of the European Union, through its institutions and public and judicial authorities, rights not respected, to the same extent, also Page 1 of 152 by the institutions of the European Union, the European Commission, respectively: (a) The property right enshrined in art. 17 of the Charter of Fundamental Rights of the European Union, (b) The right to a fair trial enshrined in art. 47 of the Charter of Fundamental Rights of the European Union and in article 6 of the European Convention on Human Rights, (c) The law regarding equality before the law, all persons are equal before the law enshrined in art. 20 of Title III Equality from the Charter of Fundamental Rights of the European Union, “Equality before the law. All persons are equal before the law”, as guaranteed by the European Commission, but which in reality is a failed principle and wish. (d) Equal treatment regarding the services of the institutions must be ensured to all citizens, according to art. 1 of Annex no. 26 of the Protocol on services of general interest: "The common values of the Union with regard to services of general economic interest within the meaning of Article 14 of the Treaty on the Functioning of the European Union include in particular: a high level of quality, safety and accessibility, equal treatment and promotion of the universal access and user rights;” (e) The right to receive a response to the petitions formulated, within a term stipulated by the law, by a reasoned decision from any institution of the European Commission, as enshrined in art. 24 TFEU (ex Article 21 TEC), in accordance with art. 13 of the Treaty on European Union, with direct reference to our complaint and requests addressed to the European Commission, which are the subject of the European Commission investigation with no. CHAP 2136/2016 within DG Justice and not legally resolved so far, by MOTIVATED OPINION or reasoned decision. 1.2. The systemic violation of the fundamental rights mentioned by the judicial and public institutions mentioned in this document, arises from the non-observance of certain provisions of the Romanian law, constantly and generalized, as a result of: the lack of a coherent, efficient, precise and transparent system for randomly distributing judicial cases, introducing in the ECRIS application in preferential order the files in the courts, the directed distribution of cases to the judicial units made up randomly by judges preferred by officers from intelligence services or by one of the parties and the failure to respect the continuity of the judge in the file, keeping the cases in non-processing to the prosecutor's offices and the directed functioning of the justice and the prosecutor's offices in the sensitive cases, constant violation of fiscal norms by public officials within ANAF and of the obligations to carry out control actions regarding illegal operations with excisable products or suspected fictitious products non-observance of the legal attributions by the institutions and authorities under the direct and exclusive control of the Parliament, respectively the Competition Council, the Romanian Court of Audit, the National Agency for Fiscal Administration, the Romanian Intelligence Service, all having the obligation to guarantee the national security of Romania. (a) Constitution of Romania: - Art. 21 paragraph (1) “Any person can address the justice for the defense of his/her legitimate rights, liberties and interests. (3) The parties have the right to a fair trial and to the Page 2 of 152 settlement of cases within a reasonable time.” - Art. 16 paragraph (1) “Citizens are equal before the law and public authorities, without privileges and without discrimination; (2) No one is above the law.” - Art. 124 – „The execution of justice (1) Justice is done in the name of the law. (2) Justice is unique, impartial and equal for all. (3) The judges are independent and subject only to the law.” - Art. 132 - Statute of prosecutors (1) The prosecutors carry out their activity according to the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice. (b) Code of civil procedure: - Art. 199 paragraph (2) regarding the random establishment of the panel: "After registration, the application and the accompanying documents, to which are attached, when appropriate, the evidence on how they were transmitted to the court, shall be handed over to the president of the court or person designated by the latter, who will take immediate measures to randomly establish the panel, according to the law.” (c) Code of criminal procedure: - Art. 361 paragraph (3) regarding the retrieval of the files by the president of the panel of the files randomly distributed: "For this purpose, the files distributed on panels randomly will be taken over by the president of the panel, who will take the necessary measures for the purpose of preparing the judgment, so as to ensure the prompt settlement of the cause.” - Art. 354 paragraph (2) The panel must remain the same throughout the trial of the case. When this is not possible, the whole can be changed until the debate begins. (d) Law 304/2004: - Art. 1 paragraph (1) Justice is carried out through the High Court of Cassation and Justice and through the other courts established by law. - Art. 2 paragraph (1) Justice is performed by judges in the name of the law, it is unique, impartial and equal for all. - Art. 10 „All persons have the right to a fair trial and to the settlement of cases within a reasonable time, by an impartial and independent court, constituted according to the law” - Art. 11 „The trial activity is carried out in compliance with the principles of random distribution of files and continuity, except in cases where the judge cannot participate in the trial for objective reasons.” - Art. 62 paragraph (2) and (3): „(2) The prosecutors carry out their activity according to the principles of legality, impartiality and hierarchical control, under the authority of the Minister of Justice, according to the law. (3) Prosecutors must respect the fundamental rights and liberties, the presumption of Page 3 of 152 innocence, the right to a fair trial, the principle of equality of arms, the independence of the courts and the enforcing force of the final court decisions. In public communication, prosecutors must respect the presumption of innocence, the non-public character of the criminal prosecution and the non-discriminatory right to information.” - Art. 139 paragraph (1) ''By the Regulation of internal order of the courts, the following are established: a) the administrative organization of the courts of appeal, of the county courts, of the specialized courts and of the courts; b) the method and the criteria for the distribution of the cases by panels, in order to ensure the observance of the principles of random distribution and continuity;” (e) Law 303/2004: - Art. 2 paragraph (3) and (4): (3) '' The judges are independent and subject only to the law. The judges must be impartial, having full freedom in resolving the cases brought to trial, in accordance with the law and impartially, respecting the equality of arms and the procedural rights of the parties. Judges must make decisions without any restrictions, influences, pressures, threats or interventions, direct or indirect, from any authority, or even judicial authorities. The judgments given in the remedies do not fall under the rule of these restrictions. The purpose of the judges' independence is to guarantee every person the fundamental right to have their case examined fairly, based only on the application of the law. (4) Any person, organization, authority or institution is bound to respect the independence of the judges.” - Art. 3 (1): '' Prosecutors carry out their activity in accordance with the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice.” - Art.

Load more

  152

Copy Link