The Bistrita City Hall (Romania) abolishes the Civic banners: “Do I want Moral from my Member in Parliament?”
Posted by Florin Ioan Bojor
Placing the panels, banners or more clearly the white sheets where is written with black paint the text of the civic campaign Do I want Moral from my Member in Parliament?” was prohibided by the Bistrita City Hall (Romania).
Bistrita City Hall (Romania) administration into the Urbanism Certificate (No. 1825 of 06.12.2012) issued just for information (negative) states:
A. „- for the electoral campaign for elections to the Chamber of Deputies and the Senate dated 09.12.2012, was established by Bistrita Mayor [Ovidiu Teodor Creţu] by order, in legal terms set out in art.39 of Law no. 35/2008 on the organization and conduct of elections for local authorities and elections for the Chamber of Deputies and Senate, special places for electoral competition for all candidates who are participating in the elections. Your required places aren’t the sites concerned by the Bistrita Mayor.”
All the paragraph from the Bistrita Hall decision is lawful and right, but hasn’t any connection with the civic campaign: “Do I want Moral from my Member in Parliament?”, because:
1. I, Florin I. Bojor did not candidate in the parliamentary elections of 2012, I have not acted as official competitor. If I should put the sheets with the text: „Do I want Moral from my Member in Parliament?” in the special places for the electoral competitors located in Bistrita for all the candidates participating in the elections, as the Bistrita City Hall resolution said above, I should violate the same low used by the Bistrita City Hall. At the Article 39 this law states: „(3) the special places for electoral use are allowed only for political parties, political alliances, electoral alliances, organizations of national minorities, independent candidates participating in elections under this title.” I am an ordinary citizen and I am not included into this law…
2. The text character or the panel, banner: „Do I want Moral from my Member in Parliament?” is a civic campaign, not an electoral campaign. Moreover, it is clearly written: „Civic Campaign: Florin I. Bojor”.
Therefore, the law article cited by the City Hall of Bistrita has nothing to do with the Civic Campaign: „Do I want Moral from my Member in Parliament?”
B. „- according to Article 37. (1) of Law no. 35/2008 – During the electoral campaign, candidates, political parties, political alliances, electoral alliances, organizations of national minorities and citizens with voting rights are entitled to express their opinions freely and without discrimination, through meetings, assembly, using television, radio, print media, the electronic media and other mass media. – Your application being made on their own, is included at the Article 37. (1) of Law no. 35/2008: „voting citizens have the right to express their opinions freely and without discrimination, through meetings, assemblies, using television, radio, print media, the electronic media and other mass media . „, therefore can not accommodate panels of the kind requested by you;”
The second reason of the City Hall of Bistrita rejection of approval the civic panels, banners, drapes campaign: „Do I want Moral from my Member in Parliament?”, refers to the form of presentation, the civic campaign exposure. The interpretation rather unclear given by the City Hall of Bistrita seems that understands disjunctive the text of the Article 37, paragraph 1.
They are saying that the missing of the word „panel”, „banner” or „sheet” in the text of the law is means the legal separation, exclusion for the civic campaign from the legal approval. Therefore, if the text of the law does not contain the words „panel”, „banner” or „drape” the location of the civic campaign: „Do I want Moral from my Member in Parliament?” is illegal.
But sow it is? Without these words the civic campaign is out of legality? No, sow how we properly understand the paragraph 1 of Article 37:
1. the text is a list of mechanisms, media exposure, promotion of ideas of every citizen of Romania, as such, does not require a complete enumeration of these mechanisms, understanding self also other conventional means of expression and the panels, banners or written sheets are normal means, found all over the world. This is included in the very statement of the law, „other mass media.”
2. against the disjunctive character, against the exclusion of the civic banners by the City Hall of Bistrita is the Constitution itself. The supreme law of Romania, the spirit of interpretation of all laws in Romania says clearly, in black and white:
Article 30 – Freedom of expression: (1) The freedom of expression of thoughts, opinions or beliefs, and the freedom of any creation, by words, by writing, images, sounds or other means of communication in public are inviolable. And (2) Censorship of any kind is prohibited…
In conclusion, the Bistrita City Hall administration censored the civic campaign: Do I want Moral from my Member in Parliament? The City Hall of Bistrita (Romania) has forbidden the democracy and the inviolable rights of citizens? Does the Bistrita City Hall fights against the freedom of expression of the citizens?
These are questions that only the courts of Romania can answer us…
Prof. Florin I. Bojor