Wednesday, 25 September 2013

Constitutional Court ruled on Wednesday that strays Act is constitutional.

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The announcement was made ​​by the President of the Constitutional Court, Augustin Zegrean , who said CC said that the law is unfounded complaint and the law is constitutional, because prior to that decision.

"We believe that Article 1, Section 8, which was declared unconstitutional last time, it was agreed with the decision of CC, so now euthanasia is not an exclusive measure of the reach of local authorities, the law says under what conditions can reaching euthanasia is the last measure and an extreme measure " , said Zegrean.
President CC, Augustin Zegrean said Wednesday on the unconstitutionality of the law on stray dogs, that basically is the same law that the judges have made a decision, but lawmakers are back with a new complaint, stating that "this is the game legislature. "

" It's basically the same law that was to us, we gave then a decision they came to us, it is the legislative game, " said Augustin Zegrean, into the headquarters of the Constitutional Court of the Palace of Parliament.

Asked if he supports euthanasia and if you have dogs, Augustin Zegrean replied ironically: " I wolf dog is on strike for three days, to find out what is happening and threatening me. "

Asked if he was ever bitten by a dog, Zegrean said was bitten "by a sheep . "

Chamber of Deputies adopted on September 10, strays Act, which establishes, among other things, within 14 days the dogs are kept in shelters, after which, if they are not claimed or adopted, can be euthanized, nearly being able to postpone euthanasia.

A group of 30 MPs from all political groups except UDMR, attacked the Constitutional Court Act which was amended and supplemented Emergency Ordinance 155/2001 on the approval of dog management program.

The 30 lawmakers argue, in referral to the Constitutional Court, the legislative act not to hinder the propagation and proliferation of stray dogs, but injure civil society " approach that is not likely to translate fundamental human rights in Romania. "

Lawmakers signatories ask the Court to abide Law amending and supplementing the Emergency Ordinance 155/2011 constitutional review so that it be sent to a new examination Parliament.

According to the complainants, as the law was passed by the Chamber of Deputies, which is the Chamber decision after decision of unconstitutionality made earlier, fundamentally different, both in terms of concept, and in terms of content, the one adopted by Senate - are set periods of demand, adoption of stray dogs that much shorter, more drastic conditions are established euthanasia is ruled out returning stray dogs are excluded NGOs in an important and sensitive stage management program of stray dogs, or euthanasia.

They remember that, as the Constitutional Court has held, a law must be the result of a consistent manifestation of the will of both houses of Parliament and that the principle of bicameralism require a camera or other mechanism is excluded from legislating.

The signatories claim and unconstitutionality Emergency Ordinance 155/2001, which is amended by the bill. "Managing stray dogs is not an exceptional situation that requires action in order to avoid serious harm to the public interest," opines they .

In the cited document also shows that certain articles of the law violate the constitutional provisions relating to compliance with international treaties.

"We first remark that the problem of euthanasia of stray dogs and the conditions under which it is willing this is the main problem of the law. Euthanasia is an extreme measure that contravenes the animal rights recognized by international instruments binding EU regulations. Law management provides euthanasia solution, which may be current, mass, stray animals, although it should be applied only in certain limiting conditions and strict exceptional character , "says the 30 MPs.

They refer in this respect to a ruling by the CC under the ordinance according to which euthanasia should be applied in compliance with the European Convention for the protection of pet animals in 2003, ratified by Romania in 2004 and entered into force in 2005.

Senators and deputies signatories noted that under the Convention, "when some estimate that the number of stray animals are a problem for her, she should take appropriate legislative and / or administrative measures to reduce their numbers in ways that do not cause pain, avoidable suffering or distress. "

The document also states that animals are not aggressive stray abandoned or left in large numbers will be euthanized by the direct effect of law enforcement.

It also points out that euthanasia is contesting against the principles stipulated in the Universal Declaration of Animal Rights, proclaimed in Paris in 1978 15, which provides, inter alia, that any animal addicted person has the right to care, must not be abandoned or slaughtered unjustified, and that the killing of any animal that is not absolutely necessary and any decision leading to such an act constitutes a crime.

They argue that the text of the law violates criticized, among other things, the provisions of the Basic Law on the principle of the priority application of Community law on the law.

" The law (...) creates an institutional framework unjust, and, under the guise of so-called individual euthanasia leads to mass euthanasia of stray dogs, unitary administrative practice and violation of animal rights. euthanasia Both individual and euthanasia table, the proposed solutions adopted law are unconstitutional " , said the lawmakers to challenge the CC this law.

According to them, in the absence of any real statistics and authorized strays are wrongly presented as a menace, although the number of dogs violent or pose a public danger is in fact small.

The document also shows that, without turning into a positive legislator, the Court may consider, in view of the necessity of euthanasia, if mentioned legal provisions contrary to the constitutional principle of proportionality, the measures enacted not proportional (with the situation that caused -o).

They relied on the earlier decision of the Court that the legislature was required to establish an order of priority on the management of stray dogs solutions, constitutional judges considering euthanizing stray dogs that the solution can be applied only as a last resort, ie only when all other solutions were applied properly but have not reached to limit or eradicate this phenomenon.

Appellants also make reference to the same Court decision, which stated that by using a technique inadequate legislative legislature finally undermined human dignity supreme value stipulated in the constitution: "Human dignity, constitutional aspect involves two dimensions inherent that relationships between people (...) as well as man's relationship with the environment, including the animal world, which implies, for the animals, man's moral responsibility to care for these creatures in a way to illustrate the nature of civilization achieved ".
" Compared to the impugned law, the Court determined that the legislature should legislate quality and predictable application of euthanizing stray dogs is permitted under constitutional issue only as a last resort, ie only when all other solutions have been consistently applied by local authorities, but have not reached to limit or eradicate the phenomenon of stray dogs , "reads the document submitted CC.

According to the complainants, the methods of managing dogs by euthanasia or permanent incarceration in shelters are disavowed by the World Health Organization has concluded that the only solution for canine population control is sterilization, and not "euthanasia programs that are both inefficient and expensive" .
" It can thus be easily seen that the impugned law was passed a second time by the legislature in complete defiance of constitutional rights and the decision of the Constitutional Court nr.1/11.01.2012 that legislator is obliged to fully respect " Show signatories.

They say the eradication of stray dogs through collective killing not only does multiplication and leads to preventing their proliferation, but injure the civil society approach that is not likely to translate fundamental human rights in Romania.

According to the document, euthanasia of stray dogs, as regulated in Law is a measure contrary to the dignity and the free development of human personality, values, principles and public freedoms guaranteed by the Constitution. Euthanasia is a measure of violence, traumatic, which prevents the free development of human personality, reads the complaint.

The signatories of the document are lawmakers Tariceanu John Ghise, Nicholas Nasta, Peter Gartner Ene, Titus Liviu Pascal Iliesiu Sorin Ion Luchian Burlea Marin, Sebastian drags Marius Isaila (PNL), Cristiana Anghel, Tudor Barbu, Cristian Danut Michael Pelican Dumitru Mihai Neagu Eugen Durbaca (PC), Haralambos Vochitoiu Florinela Butnaru Florinela Dumitrescu, Marian Valer, John Ionescu, Constantin Popa, Dumitru peony, Dan Ionita, Marian Vasiliev, Ruxandra Jipa (PPDD), John Thomas, Catalin Croitoru Ionel Butunoi (PSD) and Leonard Cadar (independent).

President Traian Basescu said on September 16 that will enact "no reservations" law on stray dogs euthanasia in the form passed in Parliament, adding that he expects the decision of the Constitutional Court.

"In the form that passed through parliament promulgate it without restraint.'s What I think should happen. Canine population when it reaches a reasonable size and can think otherwise, but is now a danger for children elderly, for people in general " said President Traian Basescu.

After the enactment of many protests were organized by both people who require solving the problem by raising their stray dogs on the streets, as well as those who oppose euthanasia of stray dogs.

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