APADOR-CH criticizes the draft law submitted to the Senate that punishes the inappropriate behavior in public institutions: “Vague and interpretable description”

The Association for the Defense of Human Rights in Romania – The Helsinki Committee draws attention to a draft law submitted to the Senate by several UDMR MPs and from the group of national minorities that amend the law that punishes the violation of social coexistence rules, of public order and peace.
APADOR-CH reports in a press release that the initiators have “discovered the citizen dissatisfaction” that they want to tax properly from 5,000 to 20,000 lei.
The legislative project provides for the penalty with a fine for “disrespectful, provocative or intimidating, aggressive or recalcitrant” in relation to public institutions and their employees.
“In short, the parliamentarians want the petitioners who do not bend long enough in front of the counter, to be sanctioned with fines between 5,000 and 20,000 lei (about 1,000-4,000 euros),” reports APADOR-CH.
“The” non -compliant “attitude will be able to be qualified as” lack of respect “
According to the Association for the Defense of Human Rights in Romania, the changes made to the law are vague which would lead to abusive interpretations of the law.
“If a citizen will not use, verbally or in writing, a humble, timid tone, submissive, fully respectful, without a trace of indignation, dissatisfaction, upset or nervousness (who would have reason to be nervous, these days, is it?) His” non-compliant “attitude will be able to be qualified as a” respect, fine from 5,000 to 20,000 lei ”.
In addition, APADOR-CH draws attention to the fact that the draft law stipulates that the agent who will find this contravention is also part of a public institution.
“The finding of the contravention will do so after interpreting, at will, the legal text, text as it is very vague and which, for this reason, allows abusive interpretations. A simple ironic remark against any official or public institution could be interpreted as a lack of respect and amended with some average salaries.”
The association also transmits that the new legislative project could be a way to bring money to the budget and to reduce the deficit: “This is probably the plan to remove the country from the much discussed” economic crisis “or” budget “: every citizen who is not respectful with the authorities, (…) and will not be submitted, will be fined, for each act of 20,000 lei”.
APADOR-CH, who asked the Senate to give up “this unclear and abusive legislative modification”, also outlines how Romania could show if the bill had been adopted in the form in which it was submitted:
“Imagine Romania tomorrow, if this law is adopted: silent queues at public institutions, citizens with eyes on the ground, officials respected until worship. Bureaucratic paradise becomes, finally, reality. Live good and respectful Romania!”.
What would change the draft law
Specifically, the project submitted to the UDMR Senate and the group of national minorities, introduces a new contravention – the manifestation of aggressive behavior towards public institutions and to the budget and the fine.
“The manifestation, in relations with the public institutions and their employees, of a disrespectful, provocative or intimidating, aggressive or recalcitrant behavior, including by the refusal to respect the indications of the personnel of public institutions, contrary to the obligation of the citizens to adopt a civilized and respectful conduct, in order to maintain a climate of order and public,” the project shows.
The project also makes changes to Law 544/2001 on free access to information of public interest. Specifically, the draft law stipulates that any citizen who asks for information for public interest to comply with the work schedule of the institution on which he asks for the information and have a “respectful” behavior. If not, it can be thrown out of the institution by the security agent or police and amended.
“The persons who verbally request public information have the obligation to comply with the program established according to paragraph 3 and to depict a behavior that does not affect the activity of the personnel within the public authorities and institutions.”
The personnel of the authorities and the public institution, the security and order personnel or the police, as the case may be, will proceed to evacuate the person who does not comply with the provisions provided in par. (3 ′) from the premises of the public authority or institution ”, shows the project submitted to the Senate.




