The Year 2001.
195 Urgency Ordinances were issued during this year.

The legislating through a number so big of Government acts during the whole year long  infringes the democracy principle and that of the social control enunciated within the points 17 - 22 of the Declaration.

·     The Government Urgency Ordinance no. 2 / 2001 - published in Monitorul Oficial

·      ( the Official Monitor ) no. 10 / 09.01.2001 - has structured the Government of Romania with a very big number of ministries and national authorities , thus contravening glaringly to the point 76 from the Principles 1.S. which among others , establishes as transforming methods of the former communist societies in genuine social democracies and the fight against the bureaucracy. This Ordinance was approved with minor modifications by the Law no. 233 / 2001 - Monitorul Oficial no. 262 / 22.05.2001 - which infringes the same principles implicitly.

·     By the Government Urgency Ordinance no. 4 / 2001 - published in Monitorul Oficial no. 20 dated 12.01.2001 - it was granted exemptions from the import right payment and customs commission for the iron ore and their concentrates , pitcoal , coke and semi-coke in the condition that the unemployment reaches increased levels among the Romanian miners , this phenomenon being qualified as “an attempt against the human dignity” by the point 57 from the Declaration 1.S. and , the point 26 put the labour right among the fundamental social rights. The effects of the Government Urgency Ordinance no. 4 / 2001 were prolonged by the Government Urgency Ordinance no. 50 / 2001 - Monitorul Oficial no. 163 / 30.03.2001.

·     The Point 59 from Stockholm Declaration that pointed out “the nationalisation can be necessary in certain cases ,but it is not itself a sovereign remedy for the social malice” is contradicted by the measure took through  the Government Urgency Ordinance no. 15 / 2001 - Monitorul Oficial no. 66 dated 07.02.2001 - for drawing out the oil and oil product transport pipes , pumping stations and the other equipment and installations related to from the patrimony of the TRADING COMPANY “OIL TERMINAL S. A.” Constanza. The Ordinance was approved by the Law no. 68 / 2002 - Monitorul Oficial no. 52 / 25.01.2002 - that contravenes implicitly , in its turn , to the Principles.

·     The Government Urgency Ordinance no. 20 / 2001 - published in Monitorul Oficial no. 80 / 15.02.2001 - regulates the administration and management contracts in the national companies and trading firms with state major capital to allow to the new installed being in office force to nominate its own staff within the administration boards , but without including also the social control of the economy by worker participation to the decision taking at the work - shop and firm’s level as the Declaration’s point 60 recommended. The Law no. 307 / 2001 - Monitorul Oficial no. 313 / 12.06.2001 - approves without any reserves this ordinance , so that it has the same inconveniences.

·     The Government Urgency Ordinance no. 22 / 2001  - Monitorul Oficial no. 83 / 19.02.2001 - eliminates the farmer aid measures by remnant granting , thus contravening to the imperative evidenced by the point 84 of the Principles: the agricultural worker stimulation to assure a stable food production in the wider context of the traditional economy assistance. The ordinance was approved by the Law no. 305 / 2001 - Monitorul Oficial no. 312 / 12.06.2001 - which has the same “guilt” as the governmental act.

·     The Government Urgency Ordinance no. 30 / 2001 - Monitorul Oficial no.     / 01.03.2001 - replaces the farmer aid system suppressed by the Government Urgency Ordinance no. 22 / 2001 with another more bureaucratic mechanism , which didn’t evidently respect neither the point 84 requests but nor those of the point 76 from the Declaration referring to bureaucracy elimination. This ordinance was adopted and modified through the Law no. 388 / 2001 - Monitorul Oficial no. 392 / 18.07.2001 - , granting 1 million lei ( 30 USD approximately ) for each cultivated hectare.

·     The Government Urgency Ordinance no. 32/ 2001 - Monitorul Oficial no. 110 / 05.03.2001 - cancelled a lot of funds with special destination , their money is transferred to the state budget following to be leaded from here , this measure being not in accordance with the principle settled by the point 76 - the mechanism setting - up for the market descentralization and bureaucracy elimination. It was approved by the Law no. 374 / 2001 - Monitorul Oficial no. 388 / 16.07.2001. It was later modified through the Government Urgency Ordinance no. 109 / 2002 - Monitorul Oficial no.696 / 23.09.2002 - but without changing the criticised matter.

·     Through the Government Urgency Ordinance no. 33 / 2001 - Monitorul Oficial no. 108 / 02.03.2001 - a remuneration right series was suspended for all over the year 2001 - the holiday bonus , the additional payment for the over scheduled time - granted to the civil servants that comes in conflict with the Principle point 57 defining as a fundamental one the useful work’s right doubled by a correct remuneration. Can it be talked about a welfare and social security or a correct remuneration when the Government Urgency Ordinance establishes a salary under 100 USD for the beginners in professions claiming special responsibilities: medicine doctors , medical assistants , research workers , biologists , social assistants , etc. ? Also , the aim settled by the Principle point 65 is infringed implicitly: the aid granted to each individual for the complete development of his own potential. The Ordinance was approved by the Law no. 386 / 2001 - Monitorul Oficial no. 390 / 17.07.2001.

·     The Government Urgency Ordinance no. 40 / 2001 - Monitorul Oficial no. 140 / 21.03.2001 - cancels the Special Fund that was at the Agricultural Ministry disposal to finance the agriculture work costs , and also for the support granted by the state to the agricultural producers for the tractors , combines , agricultural machinery and equipment acquisition from the domestic production , the Principle point 84 being not accounted by this measure.

·     The Government Urgency Ordinance no. 42 / 2001 - Monitorul Oficial no. 147 / 23.03.2001 - grants strictly a salary raising for the public sector’s personnel within the inflation limits , keeping practically the very low purchase power for this employee category , without any preoccupation to transpose in life the principle enunciated by the point 57 - a correct salary. This Ordinance was adopted through the Law no. 387 / 2001 - Monitorul Oficial nr. 390 / 17.07.2001 - that infringes implicitly the same principles.

·     The Government Urgency Ordinance no. 49 / 2001 for the completion and modification of the Law no. 19 / 2000 concerning the public pension system - Monitorul Oficial no. 161 / 30.03.2001 - contains several disposals that are not in accordance with the Principle Declaration of the Socialist Internationale:                                     

- article 38 , paragraph 1 , letter b) of the law , in the form settled by the Ordinance , infringes the point 14 from the Declaration - the justice and equality principles - in the meaning that it grants the right to consider the high level study period as due probation only for the persons retired after 01.04.2000 but not also for the persons previously retired;  

n    article 80 , paragraph 1 from the Law , as it it is modified by the Government Urgency Ordinance no. 49 / 2001 where the pension point’s value is limited , indifferently by the effective quantum of the due transferred by the insured person into , leads to the artificial diminishing of the pension that contravenes to the principles enunciated by the point 14 - equality in rights and chances - , point 26 - “ the fundamental social rights are human dignity’s previous conditions for each one” -, and the point 67 - the elderly individual right to live to a great age in dignity. The Ordinance was adopted and modified through the Law no. 338 / 2002 - Monitorul Oficial no. 446 / 25.06.2002 - keeping the inconveniences already presented.

n    Through the Government Urgency Ordinance no. 76 / 2001 - Monitorul Oficial no. 283 / 31.05.2001 - it was tried the simplification of the registration and authorization administrative formalities concerning the trader functioning , but this purpose was not fulfilled , and according to the article 16 provisions , the traders previously established legally were also obliged to  remake the administrative procedures , infringing thus both the principle formulated by the point 58 - the guarantee of the economical rights to realise the social welfare of all - and that exposed by the point 76 - the bureaucracy and corruption elimination. Through the Law no. 370 / 2002 - Monitorul Oficial no. 406 /12.06.2002 - the Ordinance was adopted and totally modified ( that demonstrates the said normative act’s inefficiency ) , but with the same minimum effects , therefore the law contravenes also to the points 58 and 76.

n    The Government Urgency Ordinance no. 78 / 2001 - Monitorul Oficial no. 298 / 07.07.2001 - modifies the Law no. 94 / 1992 concerning the organisation and functioning of  the ACCOUNT COURT and republished , introduces two new paragraphs within the article 116 being infringed the non changeability principle guaranteed by the article 107 of the same law entering in a big conflict with the point 19 from the Principle Declaration which also establishes a “judicial system based on the right and the impartial application for all citizens”. This Ordinance was rejected by the Law no. 101 / 2002 - Monitorul Oficial no. 173 / 05.03.2002 - therefore it was recognised implicitly its undemocratic character , but it produced effects for a duration of 9 months.

n    The provisions of the Government Urgency Ordinance no. 79 / 2001 - Monitorul Oficial no. 297 / 07.06.2001 which have limited , on the one hand , the mean earning index from the trading and the self - management companies belonged to state in function of the labour productivity and , on the other hand , it settles the right of the economical agent leader to benefit monthly of a 50 % salary bonus and , at the end of the year , he will receive an yearly prize up to 12 basis monthly salary in accordance with the decreasing of the back debts relative to state , thus contravening flagrantly to the point 14 - the justice and the equality - , the point 57 - the right to a correct remuneration.

n    The Government Urgency Ordinance no. 85 / 2001 - Monitorul Oficial no. 325 / 18.06.2001 - adjourns the military pension recalculation for a period of 6 months , this measure infringing the point 67 of the Principles that consecrates the right of the mature persons to live in dignity their old age as well as the universal right to the social and economic security stated within the point 57. The act emitted by the Government was adopted through the Law no. 249 / 2002 - Monitorul Oficial no. 304 / 09.05.2002.

n    Through the Government Urgency Ordinance no. 88 / 2001 - Monitorul Oficial no. 338 / 26.06.2001 - it was founded the STATE SHARING and the INDUSTRY PRIVATISATION OFFICE under the INDUSTRY and RESOURCE MINISTRY subordination and coordinated by the minister himself to exert its prerogatives in the privatisation field on behalf of this Ministry , thus increasing the bureaucracy and infringing the principle’s request from the point76 - the fight against this phenomenon as democratisation mean of the post - totalitarian societies. This normative act was modified and approved by the Law no. 552 /2001 - Monitorul Oficial no. 677 / 26.10.2001.

n    While the rights settled by the point 57 of the Declaration - an economical and social security, the welfare for all - are not assured by the Government Urgency Ordinance no. 95 / 2001 - Monitorul Oficial no. 347 / 29.06.2001 - it is constituted the Romania Fund to promote the country’s actual image all over the world by taxing with 1 % the export incomes. The approval of this normative act was done by the Law no. 635 / 2001 - Monitorul Oficial no. 749 / 23.11.2001and since the 1-st of January 2002 the Fund was abolished by the Government Urgency Ordinance no. 163 /2001 - Monitorul Oficial no. 798 / 13.12.2001, and the sums collected in this fund were transferred to the state budget.

n    Through the Government Urgency Ordinance no. 106 / 2001 - Monitorul Oficial no. 353 / 30.06.2001 - the debts of BANCA AGRICOLA S.A. ( Bank for Agriculture ) to the state were cancelled without taking account of the rights from the same point 57 of the Principles. The Ordinance was modified and approved through the Law no. 578 / 2001 - Monitorul Oficial no. 672 / 24.10.2001; this law granted to BANCA AGRICOLA S.A. state’s bonds amounting 8,7 million U.S.D. against the assets took - over by the AGENCY for the BANK ASSET TURNING to the GOOD ACCOUNTS. 

n    The Government Urgency Ordinance no. 107 / 2001 -Monitorul Oficial no. 352 / 30.06.2001 - for the Law no 19 / 2000 modification and completion - settled that the employees can not receive anticipated pension or partial anticipated pension in the case when that employee didn’t pay over 6 months the due social insurance contributions and their  afferent penalties for delay , this disposition contravenes to the requests under the point 26 that defines the socialist objectives - “ the man liberation from hunger and needs , real social rights and the right to work”, and that from the point 57 - the rights to the social and economical security respectively , and the struggle against unemployment. This Ordinance was rejected by the PARLIAMENT through the Law no. 241 / 2002 - Monitorul Oficial no. 446 / 25.06.2002 - ,  it was recognised its unfair character accordingly , but its effects were felt during 1 year long.

n    The Producers and Distributors of thermal energy and natural gas were obliged through the Government Urgency Ordinance no. 115 / 2001 - Monitorul Oficial nr. 612 / 28.09.2001- to open accounts “ESCROW” type for the acquisition of the resources necessary to supply their products , it was also settled to grant a stipend to them  but , on the one hand , it was granted money aids totally insufficient for the poor population , that enters in conflict with the principle enunciated by the point 46 , on the other hand , it infringes the right for welfare and a decent habitation .set by the point 57 of the Declaration. The Ordinance was modified and approved through the Law no. 84 / 2002 - Monitorul Oficial no. 153 / 01.03.2002 - that in its turn has the same impediments relative to the Principles.

n    Through the Government Urgency Ordinance no. 119 / 2001 - Monitorul Oficial nr. 627 / 05.10.2001- it was granted a series of treasury facilities and some debt cancellations ( tens of U.S.D. million ) for the privatisation of the IRON and STEEL WORK COMPLEX  “SIDEX” S.A. Galatzi , in the condition when the social and economical rights described within the points 57 and 60 of the principles are not assured because the lack of funds. Through the Government Ordinance no. 66 / 2002 - Monitorul Oficial no. 649 / 31.08..2002 - the debts of this agent were cancelled and the debts relative to other important national companies from the railway traffic field too , although these companies are debtors in their turn.

n    Through the Government Urgency Ordinance no. 127 / 2001 - Monitorul Oficial no. 663 / 23.02.2001 - it was modified and completed the Government Urgency Ordinance no. 119 / 2001 , the back debts of  BANCA COMERCIALA ROMANA S.A. ( the Romanian Trade Bank ) relative to the IRON and STEEL WORK COMPLEX "SIDEX" have been took - over by  the AGENCY for the BANK ASSET TURNING to the GOOD ACCOUNTS and transformed in shares , thus infringing the same principles determined by the points 57 and 60.

n    Through the Government Urgency Ordinance no. 147 / 2001 - Monitorul Oficial no. 748 / 23.11.2001 - it was ratified the Stand - by Arrangement between ROMANIA and the INTERNATIONAL MONETARY FUND and also the Memorandum concerning the economical and financial strategies of the Romania Government for the period 2001 - 2002 being accepted a series of measures condemned by the point 89 of the Principles - “ economical and commercial politics which impose drastic cuts of the living standard “ as follows: it was introduced the Added Value Tax for the dwelling construction in the condition of an acute crisis of habitations in Romania , it was eliminated all the treasury facilities for the micro - enterprises , etc. This normative act was approved through the Law no. 102 / 2002  - Monitorul Oficial no. 173 / 13.03.2002 -and it is practically unsocialist too.

n    Through the Government Urgency Ordinance no. 152 / 2001 - Monitorul Oficial no. 758 / 28.11.2001 - it was cancelled the debts and the afferent raising of the TRADING COMPANY “TERMOELECTRICA” S.A. to the state budget and also its debts to the supplying trading companies , this decision infringes point 57 - economical security and welfare , insecurities from financial reasons - but also the point 46 - the encouraging of the unconventional energy sources and the descentralized supply systems for the environment protection.. The Ordinance was adopted through the Law no. 232 / 2002 - Monitorul Oficial no. 296 / 30.04.2002.

n    Through the Government Urgency Ordinance no. 163 / 2001 - Monitorul Oficial no. 798 / 13.12.2001 - it was adopted a series of financial measures to suppress some funds , the most anti - socialist one being the giving up to the Special Fund for the education support , infringing the requests of the point 65 from the Declaration.

n    The Government Urgency Ordinance no. 166 / 2001  - Monitorul Oficial no. 815 / 18.12.2002 - for the modification of the Law no. 164 / 2001 concerning the state military pensions keeps the formulation of the article 48 , paragraph 1 , letter b) as we already have criticised within this law analysis , the meaning of the pension up - date in an arbitrary mode , taking no account of the right to the social security revealed by the point 57 and the right to the pension  and a dignified living  respectively , which were stipulated by the point 67. The Ordinance was approved by the Law no. 236 / 2002 - Monitorul Oficial no. 299 / 07.05.2002.

n    Through the Government Urgency Ordinance no. 170 / 2001  - Monitorul Oficial no. 844 / 28.12.2001- it was adopted a series of measures to mitigate the social impact caused by the reorganisation of the defence  production sector , but only a part of this sector’s employees have benefited of them , contravening to the equality principle stipulated by the point 14 and that of solidarity enunciated within the point 15. The Ordinance was approved by the Law no. 403 / 2002 - Monitorul Oficial no. 455 / 27.06.2002. The application sphere for the ordinance provisions was enlarged through the Government Urgency Ordinance no. 190 / 2002 - Monitorul Oficial no. 942 / 23.12.2002.

n    The share conversion of the due budget back debts  by the TRADING COMPANY “IRON and STEEL WORK COMPLEX RESITZA“ S.A. through the Government Urgency Ordinance no. 172 / 2001 - Monitorul Oficial no. 825 / 20.12.2001 (  practically when there are no Investors , the measure is equivalent with the debt cancellation  ) , in the condition when there are no funds to assure the social and economical security ,  infringes the point 57.

n    The new tax introduction for the high level education institutes through the Government Urgency Ordinance no. 174 / 2001 - Monitorul Oficial no. 831 / 21.12.2001 - leads to the increasing of the taxes cashed from the students , limiting thus the education right provided within the point 65 of the Principles.

n    The Government Urgency Ordinance no. 187 / 2001 - Monitorul Oficial no. 848 / 29.12.2001 - grants salary increases to the personnel from the budgetary sector limited to estimated inflation value for this period , in the condition when the mean salary is 100 U.S.D. , infringing the requests of the point 57  - an work accompanied by a correct remuneration. It was adopted through the Law no. 342 / 2002 - Monitorul Oficial no. 474 / 03.07.2002 - which contravenes to the same principle.

·     Through the Government Urgency Ordinance no. 2 / 2002 concerning the financing of the arrears afferent to the application of the Government Urgency Ordinance no 30 / 2001 provisions for the granting of a minimum direct support of 1 million lei per each cultivated hectare to the agricultural producers , by state budget financing - Monitorul Oficial no. 41 / 21.10.2002 - it is implicitly recognised the inefficiency of the system adopted through the Government Urgency Ordinance no. 30 / 2001 , i.e. the infringing of the principle enunciated by the points 76 and 84 from the Principle Declaration. The Ordinance no. 2 / 2002 was adopted through the Law no. 107 / 2002 - Monitorul Oficial no. 185 / 18.03.2002.

·     The Government Urgency Ordinance no. 15 / 2002 - Monitorul Oficial no. 143 / 25.02.2002 - has modified the Government Urgency Ordinance no. 170 / 2001 ( criticised within the previous sub - chapter ) , but it keeps the same inconveniences relative to the Principles of the SOCIALIST INTERNATIONALE.

·     The Government Urgency Ordinance no. 18 / 2002 - Monitorul Oficial no. 146 / 26.02.2002 - decides a minimum sum granted to the milk producers as support , being not enough realised the measure pointed out by the point 84  of the Principles - the farmer stimulation. The Ordinance was approved with some modifications through the Law no. 44 / 2002 - Monitorul Oficial no. 502 / 11.07.2002.

·     Through the Government Urgency Ordinance no. 21 / 2002 - Monitorul Oficial no. 159 / 05.03.2002 - it was granted exemptions from the Added Value Tax payment for the Suppliers of the chemical fertilisers , pesticides , certified seeds and planting materials , therefore it was invested in unecological sectors ( the chemical and agricultural  production ) , thus contravening to the principle stipulated within the point 48. The Ordinance was approved through the Law no. 308 / 2002 - Monitorul Oficial no. 364 / 28.02.2002.

·     The Addendum to the Program for the Enterprises Reorganisation and Social Conversion ( RICOP ) was ratified through the Government Urgency Ordinance no. 50 / 2002 - Monitorul Oficial no. 289 / 29.04.2002 - prolonging the period when the Romanian party obliges itself to do massive disposals , and measures which are not in accordance with the point 89 being accepted - the rich countries should not impose some politics for living standard diminishing.

·     The Government Urgency Ordinance no. 71 / 2002 - Monitorul Oficial no. 435 /21.03.2002 - has authorised REGIA NATIONALA a PADURILOR ( the NATIONAL  SELF - MANAGEMENT COMPANY of the FORESTS ) to conclude buying - selling contracts on long term for the wood mass from the timber fund in public propriety , the maximum quantity being 20 million cubic meters ( c.m. ) , thus , taking not into consideration the alarm signal mentioned within the point 44 of the Declaration concerning the forest diminishing from the southern countries. It was approved through …………………                              - Monitorul Oficial no. 937 / 20.12.2002 -without any modification regarding the maximum quantity.

·     Through the Government Urgency Ordinance no. 80 / 2002 -Monitorul Oficial no. 463 / 28.06.2002 - it was ratified the Amendment no. 1 from the Loan Agreement between ROMANIA and the EUROPEAN BANK for RECONSTRUCTION and DEVELOPMENT prolonging the final dates for the loan drawing with the consequence of some penalty payment , also the increasing of the external debt level caused by the unpayment within the due terms that contravenes to the request enunciated by the point 80 - the external debt diminishing for the poor countries.

·     Although , because the fund lack , there are not assured the economical and social security and the welfare right for all as per the point 57 of the Principles , the Government Urgency Ordinance no. 92 / 2002 - Monitorul Oficial no. 459 / 27.06.2002 - grants to S.C. “LUKOIL BLACK SEA ROMANIA “ S.R.L. Bucharest and S.C. “PETROTEL LUKOIL “ S.A. Ploiesti exemptions for the obligation payment to state budget amounting 92.598.375.117 lei , i.e. 2.806.011 U.S.D. in equivalent ; by this measure it is infringed the equality principle as per the point 14. The ordinance was approved through the Law no. 13 / 2003 - Monitorul oficial no. 33 / 22.01.2003.

·     Through the Government Urgency Ordinance no. 99 / 2002 - Monitorul Oficial no. 652 / 02.09.2002 - it was suppressed the exemption from the customs duty’s payment for the car import that different special laws granted to certain unfavourable social categories - handicap persons , wounded persons in Revolution - contravening thus to the equity principle stipulated within the point 14 , but also to the solidarity one as it is defined by the point 15 of the Declaration.

·     The Government Urgency Ordinance no. 115 / 2002 for the ratification of the amendments to the Stand - by Arrangement between ROMANIA and the INTERNATIONAL MONETARY FUND and of the Additional Memorandum for economical politics - Monitorul Oficial nr. 729 / 07.10.2002 stipulates the Romanian State engagement to limit in a drastic way  the salary growths and the price raising for electrical power , thermal energy and natural gas , by signing this document it was infringed both the principle enunciated within the point 89 - the avoiding of the politics for the living standard decreasing - and that described under the point 57 - social and economical security and welfare for all. It was approved through the Law no. 668 / 2002 - Monitorul Oficial no. 935 / 20.12.2002.

·     The Government Urgency Ordinance no. 126 / 2002 - Monitorul Oficial nr 741 / 10.10.2002 - implements a preferential regime for the profit repartition of the REGIA AUTONOMA  “ADMINISTRATIA PATRIMONIULUI PROTOCOLULUI DE STAT “ ( the Self - Management Company: “ The  Patrimony Administration of the State Protocol” ) in the way that this company keeps its profit , being not obliged to transfer it to the state budget , thus infringing the equality principle stipulated by the point 14. The Ordinance adoption was done by the Law no. 36 /2003 - Monitorul Oficial no. 34 / 22.01.2003 - this normative act having the same inconveniences.

·     Through the Government Urgency Ordinance no. 167 / 2002 for the ratification of the Additional Loan Agreement between ROMANIA and the EUROPEAN COMMUNITY - Monitorul Oficial no. 880 / 06.12.2002 - the Romanian State assumed itself the same engagements with a negative social impact shown also for the Government Urgency Ordinance no. 115 / 2002.

·     By the Government Urgency Ordinance no. 172 / 2002 - Monitorul Oficial no. 893 / 10.12. 2002 - it was established the Committee for the Privatisation of the OIL TRADING COMPANY  “PETROM S.A.” , the biggest Romanian company , where it was not included neither a representative person of the economic agent ‘s employees , but  only the Executive’s members , thus being ignored the economy social control setting - up principle stated by the point 60 of the Stockholm Declaration , as that described by the point 63 - the guarantee of the employee influence on their labour place.

·     According to the Government Urgency Ordinance no. 191 / 2002 - Monitorul Oficial no. 951 / 24.12.2002 - the personnel salaries from the budgetary sector are increased for all year long with a percentage which just exceeds a little bit the foreseen inflation rate , being practically kept the purchasing power that is already very low for this employee category , thus defying the principle enunciated by the point 57 - economical , social security and welfare for all.

·     Through the Government Urgency Ordinance no. 196 / 2002 -Monitorul Oficial no. 954 / 24.12.2002 - it was granted for the education personnel a salary raising of only 16 % , equal approximately with the inflation rate , that is insufficient to take account of the principle shown by the point 57.

January - March 2003

·     The salary growths granted for the whole year 2003 long by the Government Urgency Ordinance no. 4 / 2003 - Monitorul Oficial  no. 114 / 24.02.2003 - to the clerical personnel paid as per the Law no. 142 / 1999 , just cover the forecast inflation level , this normative act doing just the keeping of the purchasing power at the present low level , thus being not assured the economical rights and the welfare recommended by the point 57 of the Declaration.

·     From the economy of the Government Urgency Ordinance no. 8 / 2003 - Monitorul Oficial no. 144 / 05.03.2003 - it is open as a main way for the efficiency of the trading  and national companies as well as the trading companies where the state is the main share owner , the collective dismisses accompanied by compensation payments , as it is proved in the past time they have a very short effect entering in a total contradiction with the socialist fight to assure the labour right as they have engaged through the point 26.

·     The Government Urgency Ordinance no. 9 / 2003 - Monitorul Oficial no. 167 / 17.03.2003 - concerning the modification and completion of the Law no. 19 / 2000 , by changing the article 125 , it is limited to 85 % from the mean net salary the allowance quantum for the child growth indifferently by the due level , contravening both to the justice and equality principle ( practically , under this formulation it is established the equalitarism ) enunciated within the point 14, and those defined by  the point 57 - the right to protection of the mother and child as well as to the postulate included in the point 71 - the granting of the appropriate means for the child care.

II LAWS.

The Year 2001.

                                            796 laws were approved.

*The Law no. 42 / 2001 for the modification and approval of the Government Urgency Ordinance no. 29 / 2000 concerning the support granted to the milk producers - Monitorul Oficial no.123 / 13.03.2001 - keeps at symbolic quotas the offered support to this category of agricultural workers , corresponding not to the principle provided within the point 84 from the Declaration - the farmer stimulation to realise a stable production.

·     The Law no. 90 / 2001 - for the Government organisation and functioning - Monitorul Oficial nr. 164 / 02.04.2001 - has not as targets the concrete means concerning the cooperation with the unions for the economical democracy setting up as the Principle Chapter V referred , infringing  their points 60 - 61 respectively , that underlines the need of the “ economy’s social control by union participation for the determination of a national economical policy” as well as by “ the real participation of the workers them self in taking the economical decisions”.

·     The Law no. 105 / 2001 approves without any objection the Government Urgency Ordinance no. 4 / 2001 concerning the exemption from the customs duty payment ( see this Ordinance criticise from the Chapter I ).

·     In the condition where it is stated as human rights the “ social security’s right and welfare for all “ within the point 57 of the Principles, and the living standard in Romania is dreadful , through the Law no. 122 / 2001 for the approval of the Government Urgency Ordinance no. 210 / 2000 concerning the recapitalization of BANCA AGRICOLA S.A. ( the Bank for Agriculture ) for its privatisation , it was allotted 730 billion lei from the state budget to cover some losses. It doesn’t take account about the recommendation from the point 48 to do investments in ecological technologies.

The Law no. 164 / 2001 concerning the military pensions - Monitorul Oficial no. 183 / 10.04.2001 - contravenes to the Principles from the following points of view:

n   the article 48 , letter b) from the law provides the pension actualisation according to the inflation rate “depending on the financial opportunities” , i.e. in an arbitrary mode , taking account of the social security’s right stipulated by the point 57.

n   the article 61 , paragraph 2 of the law creates an inequity between the beneficiaries of the military successor pension which can cumulate the pension with the income from a professional  activity in much easier condition , and the beneficiaries of the same type of pension , but successors of civil employees , thus infringing seriously the equality principle provided by the point 14 from the Declaration.

·     The Law no. 191 / 2001 concerning the budget of the state social insurances for the year 2001 - Monitorul Oficial no. 194 / 18.04.2001 - provides expenses totally insufficient to assure the right to the social security established by the point 57 of the SOCIALIST INTERNATIONALE’s Principles.

·     Through the Law no. 205 / 2001 for the modification and approval of the Government Ordinance no. 84 / 1998 concerning the constitution of the Fund for the supporting of the education libraries - Monitorul Oficial no. 212 / 26.04.1991 - it was consented to be introduced the tariffs for the library services charging the pupils , students , candidates for doctor’s degree and the beginning personnel from the research and teaching fields , contravening to the point 65 from the Principles which underlines the education’s essential assignment , among its targets being also “the aid granted to each individual for the full development of his own potential”.

·     The Law no. 215 / 2001 of the local public administration - Monitorul Oficial no. 204 / 23.04.2001 - decided the habitant consulting by referendum on certain matters , only in an exceptional mode ( article 43 , paragraph 2 ) , but in the composition of the consultative committees formed at the district level ( according to the article 145 from the law ) are not included the unions and civil society’s representatives , therefore there are not fulfilled the requests of the point 56 - the society’s political democratisation , especially for the post - communist ones as it was underlined in the point 76 - and neither those of the point 60 of the Declaration.

·     Through the Law no. 216 / 2001 of the state budget for the year 2001 - Monitorul Oficial no. 214 / 26.03.2001 - at a total amount of 194.398,2 billion lei for the expenses , it decides ( in the article 16 ) 1534,5 billion lei as expenditures for the Parliament and Presidential Administration , and for services and public development and habitations the allotted sum is 3174,5 billion lei , for waters and environment are allotted only 1499,8 billion lei ( article 19 ) , infringing the welfare for all and the social security’s right ( with its components ) as it is defined by the point 57 of the Principles and the point 48 where is underlined “the investment need in ecology:” is also infringed.

·     The Law no. 258 / 2001 - Monitorul Oficial n0. 273 / 25.05.2001 - has rejected the Government Urgency Ordinance that allowed over the education figure financed from the budget , the admission matriculation in the state pre - university education , secondary school , professional schools and apprentice schools contravening to the principle enunciated in the point 65 where is underlined the education necessity.

·     The Law no. 270 / 2001 - Monitorul Oficial nr. 283 / 31.03.2001 - rejects the Government Ordinance no. 115 / 2001 which established the social partnership forms between the institutions of the education system , on the one hand , and the direct and indirect beneficiaries of the educational process , measure that contravenes to the principle of the social democratisation presented by the point 19.

·     The way in which the Law no. 326 / 2001 concerning the public services for the communal housekeeping ( management ) - Monitorul Oficial no. 359 / 04.07.2001 -establishes the prerogatives of the NATIONAL AUTHORITY for SETTLEMENT referring to the service operator supervision doesn’t observe any one from the request of the point 57 - the welfare for all and economical security’s right - , neither those from the point 60 that imposes a social control on the economy, by the protection of the public and social interest and by the socialisation of the costs and benefits of the economical change.

·     The Law no. 349 / 2001 - Monitorul Oficial no. 373 / 10.07.2001 - approves the Government Urgency Ordinance no. 49 / 2000 which cancelled the debts of BANCA AGRICOLA S.A. ( the Bank for Agriculture ) to the state , amounting 1.513 billion lei being opposite to the imperative of the point 57 - welfare for all and the economical security’s right.

·     The Government Ordinance no. 41 / 1996 concerning some measures for the conversion  of the military production capacities in civil production , was rejected by the Law no. 391 / 2001 - Monitorul Oficial no. 389 / 17.07.2001 - measure that is out of the request from the point 29 of the Declaration - the disarmament.

·     The Law no. 416 /2001 regarding the minimum income guaranteed - Monitorul Oficial no. 401 / 20.07.2001- conditions the social aid ‘s granting by the lack of some goods to be sale from the pauper’s propriety until “ the keeping of a minimum habitation and the necessary goods for the family needs” , entering in conflict with the requests stipulated by the point 57, - social security and welfare , decent habitation ( not minimum ) and economical security.

·     The Law no. 426 / 2001 - Monitorul Oficial no. 411 / 25.07.2001 - has adopted and modified the Government Urgency Ordinance no. 78 / 2000 concerning the waste regime , instituting the principle: “the use of the best techniques available without excessive cost drawing along” , thus demonstrating it was not understand the text of the point 48 - the investment in ecology are among the most positive ones”.

·     Through the Law no. 442 / 2001 - Monitorul Oficial no. 399 / 20.07.2001 - it was rejected the Government Urgency Ordinance no. 48 / 2000 which decided the putting together of the ROMANIAN AGENCY for DEVELOPMENT with the NATIONAL AGENCY for the SMALL and MEAN SIZED ENTERPRISES and the NATIONAL AGENCY for the REGIONAL DEVELOPMENT , thus it was cancelled a measure against the bureaucracy and unjustified budget expenditures , that makes the normative act to contravene to the point 76 of the Declaration.

·     Although the infringing of the point 57 requests - economical and social security , welfare to all - is justified by the financial mean lack , the Law no. 445 / 2001 - Monitorul Oficial no.409 / 14.07.2001 - approves the Government Urgency Ordinance no. 55 / 2000 that cancelled the debts to the state of the former COMPANIA ROMANA de PETROL  ( Romanian Company for Oil ) amounting 16 million U.S.D..

·     Through the Law no. 518 / 2001 - Monitorul Oficial no. 653 / 17.10.2001 - it was rejected the Government Urgency Ordinance no. 233 /2000 concerning the support granted by state to the private agricultural producers for the acquisition of tractors , combines , machinery and agricultural equipment , irrigation installations with the payment in agricultural products , thus suppressing a support measure of the farmers , in totally contradiction with the necessity shown within the point 84.

·     The Law no. 551 / 2001 - Monitorul Oficial no. 676 / 25.10.2001 - has rejected the Government Ordinance no. 18 / 2001 concerning some measures for the approval and implementation of the special Program for the rehabilitation of some unfavourable mining zones and other zones with economical and social unbalances , thus contravening to the solidarity principle exposed in the point 15 , but also to the point 58 that underlines the necessity of the “creation of the existing society integrated thanks to a social welfare for all”.

·     The Government Urgency Ordinance no. 217 / 2000 concerning the approval of the minimum basket for the monthly consumption was approved by the Law no. 554 /2001 - Monitorul Oficial no. 672 / 24.10.2001 - thus legislating a low living standard without any concrete measures for the poverty diminishing that contravening to the points 26and 57 of the Principles.

·     The Law no. 664 / 2001 - Monitorul Oficial no. 756 / 28.11.2001 - modifies and approves the Government Urgency Ordinance no. 27 / 2000 the profit repartition at the AUTONOMOUS SELF - MANAGEMENT COMPANY “LOCATO” , instituting a preferential treatment for this unit granting to it the right to keep profits for itself , measure that infringes the equality principle enunciated within the point 14 , but especially that of the democracy as a form of counteracting of the arbitrary and the governing dictatorship ( the company administrates the protocol habitations ) established by the point 22.

·     The Law no. 672 / 2001 - Monitorul Oficial no. 778 / 06.12.2001 - for the approval of the Government Ordinance no. 76 / 1999 that approved the Stand - By Arrangement between the Romanian Government and the INTERNATIONAL MONETARY FUND and the Romanian Government’s Memorandum concerning the economical politics agreed with the INTERNATIONAL MONETARY FUND , accepts measures which leads to the population pauperisation , the point 89 being infringed accordingly.

·     The Law no. 743 / 2001 - Monitorul Oficial no. 784 / 11.12.2001 - of the state budget on the year 2002 distributes 1.781 billion lei for the Presidential Administration and Parliament , the expenditures for the research field benefits of 1000 billion lei , and for the environment and waters it was allotted just 21.137,4 billion lei , defying thus the precept enunciated by the point 49 - the necessity of the technology’s development , but also that established by the point 48 investments in the ecological field. Through the Government Urgency Ordinance no. 144 / 2002 - Monitorul Oficial no. 811 / 07.11.2002 - it were reduced the sums granted to the Presidency and Legislative , thus it is certified implicitly the criticise enunciated.

·     The state social insurance budget for the year 2002 adopted through the Law no. 744 / 2002 - Monitorul Oficial no. 785 / 11.12.2001 - is totally insufficient to assure the rights to the economical and social security established by the point 57 , and neither for the pension and dignity right for the matures determined by the point 67. The sums provided within this law are diminished by the Government Urgency Ordinance no. 145 / 2002 - Monitorul Oficial no. 810 / 07.11.2002 - infringing thus the same principles.

The Year 2002.

                             679 laws were voted during the whole year.

·     Through the Law no. 21 / 2002 - Monitorul Oficial no. 50 / 24.01.2002 - it was approved the Government Ordinance no. 71 / 2000 for the extension and completion approval of the Stand - By Loan Arrangement between ROMANIA and the INTERNATIONAL MONETARY FUND and the Romanian Government’s Memorandum concerning the economical politics , these agreements don’t respect the requests of the point 89 of the Principle Declaration - there are not promoted commercial and economical politics that impose drastic cuts of the living standard.

·     The Law no. 22 / 2002 - Monitorul Oficial no. 50 / 24.01.2002 - approves the Government Urgency Ordinance no. 41 / 2000 for the modification and completion of the Law no. 19 / 2000 , act that diminishes the pension value by the point decreasing , that contravening to the point 67 - the mature right to a pension and to live their old age in dignity.

·     The Government Urgency Ordinance no. 62 / 1999 concerning some measures for financial reorganisation of “BANCOREX” S.A. ( the Romanian Bank for Foreign Trade ) was approved and modified by the Law no. 49 / 2002 - Monitorul Oficial no. 54 / 25.01.2002 - by these normative acts there were took - over 716.311 billion lei and 78449 million U.S.D. at the public debt , in the situation when the economical and social rights outlined by the point 57 of the Principles are not assured because the fund lack.

·     The Law no. 73 / 2002 - concerning the organisation and the functioning of the markets for the foods and agricultural products - Monitorul Oficial no. 110 / 08.02.2002 - does not follow up totally the requests established by the point 63 of the Declaration , i.e. the law does not grant also for the consumers the right to participate to the regulation of the agricultural product market.

·     In the present conditions when the women have the weight among the unemployed workers , the Law no. 76 / 2002 concerning the assurance system for the unemployment and the occupation structure for the labour power - Monitorul Oficial no. 103 / 06.02.2002 - doesn’t provide any special disposition to favour the lady hiring , infringing thus the principle stipulated by the point 70 - the assertion of the women rights represents a condition for the realisation of a durable economical development.

·     The Law no. 116 / 2002 concerning the prevent and struggle against the social margin pushing - Monitorul Oficial no. 193 / 21.03.2002 - establishes a series of principles for the young people protection , but without setting concrete means for their realisation , especially in the field of the habitation assurance’s right and the woman emancipation , therefore it is not in the frame determined by the point 57 - social rights for all - and the point 70 , the woman equality.

·     By the Law no. 173 / 2002 - Monitorul Oficial no. 256 / 16.04.2002 - for the modification of the article 21 , paragraph no. 53 / 1991 concerning the parliamentary rights , it was suspended the right limiting to a daily allowance for a single day , thus contravening both to the solidarity principle exposed by the point 15 , but especially for that settled within the point 57 - the right to social security and welfare for all.

·     The Law no. 181 / 2002 - Monitorul Oficial no. 268 / 22.04.2002 - for the modification and completion of the Law no. 35 / 1997 concerning the organisation and action of the institution the People Lawyer , establishes in the article 25 that the people lawyer to be consulted facultatively by the draft initiators for ordinances and laws regarding the citizen rights and liberties , although the obliged previous consulting would correspond more exactly to the democracy’s requests as it is described under the points 19 - 20 of the Principle Declaration.

·     The Law no. 359 / 2002 - Monitorul Oficial no. 424 / 18.06.2002 - for the approval of the Government Urgency Ordinance no. 123 / 1999 concerning some measures for a financial reorganisation of  “ BANCOREX” S.A. decides the taking - over of about 41 billion lei and 13 million U.S.D.  to the state debt in the situation when the economical and social rights stipulated by the point 57 of the Principles are not assured because the fund lack.

·     Neither the Government Ordinance no. 129 / 2000 concerning the professional forming of the adults and nor the Law no. 375 / 2002 - Monitorul Oficial no. 436 / 21.06.2002 by which the act issued by the executive was modified and adopted do not provide punctual measures for the women professional forming and integration , therefore the point 72 from the Declaration is ignored.

·     The Law no. 504 / 2002 of the TV and Radio Broadcasting - Monitorul Oficial no. 543 / 22.02.2002 - grants very large competences and vague outlined to the NATIONAL COUNCIL for the RADIO - TV BROADCASTING , including the right to draw the radio - TV license that infringes the expression and thinking liberty outlined by the point 26 of the Principles

·     The Law no. 519 / 2002 - Monitorul Oficial no. 555 / 29.07. 2002 - for the approval of the Government Urgency Ordinance no. 102 / 1999 concerning the special protection of the persons with handicap contains a series of dispositions that contravenes to the equality and justice principle as it is defined by the point 14:

·     - it is granted free on the common transport means but only in the year 2010 their stations will be arranged to allow the beneficiary access.                                     

n   there are granted raising facilities to certain categories of persons with handicap relative to other ones , as well as the right to receive subventions from the state budget is granted only to certain organisations.

·     The Law no. 631 / 2002 of the state budget for the year 2003 - Monitorul Oficial no. 863 / 29.11.2002 - as well as the previous budgetary laws , grants important sums for the Parliament and Presidency - 2.094,5 billion lei -, relative to the 2306,9 billion lei for environment and waters , or 4855,5 billion lei for culture , religion and sport activities , or only 55,5 billion as micro - loans granted to physical persons that develop activities on their own account , but allotting these insufficient sums there are infringed , one after one , the point 48 ( that underlines the investment necessity in ecology ) , point 65 ( shows the directions where the culture should go ) and the point 60 ( emphasizes the imperative to support the enterprizing persons ).

January - February 2003

·     Through the Law no. 21 / 2003 - Monitorul Oficial no. 30 / 21.01.2003 - it was majored the social capital of the NATIONAL COMPANY of  TELECOMMUNICATIONS  “ROMTELECOM” S.A. with a value of 145 million U.S.D. , although the rights to economical and social security and welfare respectively , underlined by the point 57 of the Principles are not assured anymore because the financial resource lack.

·     The Law no. 43 / 2003 concerning the financing of the political parties - Monitorul Oficial no. 54 / 30.01.2003 - establishes a series of favourable criterions for the parliamentary parties to other political formation detriment both concerning the yearly subvention and that from the election campaigns ( the parties which did not obtain the election threshhold are obliged to transfer back the sums received from the budget ) , decisions which infringe the democracy’s principle expressed by the point 17 of the Declaration .

Government Ordinances

The Year 2001

                                           88 ordinances were adopted.

·     The Government Ordinance no. 3 / 2001 - Monitorul Oficial no. 405 / 20.07.2001 - concerning the approval and implementation of the special Program for the tourist development of Sighisoara zone settled the erection of the park “DRACULA LAND” , objective that infringes both the point 44 - that underlines the necessity of the environment protection , and the point 65 - that establishes the cultural and spiritual legacy’s preservation as the education scope. The act was approved by the Law no. 740 / 2001 - Monitorul Oficial no. 17 / 12.2001.

·     The Government Ordinance no. 7 / 2001 - Monitorul Oficial no. 435 / 03.08.2001 - concerning the tax on the income contains more provisions which contravene to the 1.S Principles:            

n   the pension taxation with a certain level ( app. 150 U.S.D. ) infringes the point 57 - the right to economical and social security - diminishing much more the sums , especially the primary source for the pensions and salaries is also taxed.

n   the same point 57 is infringed  by taxation of the incomes obtained by cultivation of vegetables , greens , flowers , bushes , etc..

·     The Government Ordinance no. 8 / 2001 - Monitorul Oficial no. 4 / 31.07.2001 - for the modification of the Law no. 34 /1994 concerning the tax on the agricultural income introduces the agricultural land taxation in the condition where the Romanian agriculture is an upkeep one and not performant , infringing the rights stipulated by the point 57 of the Principles - the right to the economical security and welfare. It was rejected by the Law no. 454 / 2002 - Monitorul Oficial no. 504 / 12.07.2002.

·     The Government Ordinance no. 10 /2001 - Monitorul Oficial no. 449 / 08.08.2001 - for the modification and completion of the Law no. 118 / 1996 regarding the special Fund of the public roads, increases the taxation rate for the carburants with immediate consequences on the living standard, infringing accordingly the point 57 of the Principles - the right to social security and welfare.

·     Through the Government Ordinance no. 25 / 2001 - Monitorul Oficial no. 472 / 17.08.2001 - it was founded the NATIONAL COMPANY for INVESTMENTS having the buildings as activity ‘s main object and its own incomes and state guaranteed loans or with government guarantee as financing sources , but the foundation of such oversized agents contravenes to the point 60 that establishes also democratic , participative and descentralized  production politics among the social control means of the economy.

·     Among the research fields for which there were granted treasury facilities through the Government Ordinance no. 65 / 2001 regarding the industrial park foundation and functioning - Monitorul Oficial no. 536 / 01.09.2001 - there is no one from those enumerated within point 83 of the Principles and the normative act does not institute the social control shown by the point 50.

·     Through the Government Ordinance no. 74 / 2001 - Monitorul Oficial no. 540 / 14.09.2001 - it was granted to the Internal ( Affairs ) Ministry the right to engage and to render services , but the tariffs cashed for their rendering are excepted from the COMPETITION OFFICE advice and they are not subject for taxes , or this kind of provisions infringe both the point 14 - the principle of the economical equality - and the point 76 , helping indirectly the corruption. The ordinance was approved and modified by the Law no. 196 / 2002 - Monitorul Oficial no. 288 / 29.04.2002 .

B.