Illegal costs imposed on dog owners, canceled by the court
Victory in court for 7 million owners of domestic carnivores
After four years of struggle, the lawsuit filed by the R.E.A.D.C. Association against A.N.S.V.S.A. was reinstated at the Court of Appeal Cluj, following the sentence of Constitutional Court, no. 23/23.01.2018, which declared as unconstitutional the provisions of art. 134 of GEO 155/2001 and, consequently, the rabies vaccine is performed free of charge and compulsory, independent of microchipping. On October 3, 2018, at the Court of Appeal, we obtained the removal of the obligation to pay the costs related to identification and registration in R.E.C.S. of all dog owners, by cancelling the art. 7, paragraph 2 and 10, of Order 1/2014 of A.N.S.V.S.A.
Art. 7: Owner’s obligations:
(2) Owners of dogs aged over 90 days from the date these rules enter into force, shall be required to identify and register animals in R.E.C.S., until January 1, 2015, or before their sale, donation, vaccination against rabies, or removing in public spaces.
(10) Dog owners are required to pay the equivalent value of the costs associated with the identification and registration in R.E.C.S, of the services provided by the veterinary care units or veterinary university clinics.
The Court of Appeal Cluj has noticed that A.N.S.V.S.A. has ignored the CCR decision 23/23.01.2018 and remained in passivity, without preparing any draft for agreeing the Order with the provisions of the Constitutional Court.
The Court of Appeal Cluj held that ”there is no criterion in the report on which tariffs and fees are set, a minimum/maximum limit” because these taxes were at free negotiation.
Citizens have obtained the following gratuities:
- removal of the obligation to pay costs related to the identification and registration of all dog owners in R.E.C.S.
- the rabies vaccine free of charge, without pre-conditioning of the microchipping
Veterinarians have obtained:
Concessionary veterinarians may charge the equivalent amount of the workmanship paid from the budget for the application of the rabies vaccine, amounts that over 4 years have bought a country-wide injury of about 84 million euros remained within the A.N.S.V.S.A. fund, not being returned to the Government (we will fight to recover this amount for all the concessionary veterinarians).
Then two questions remain:
1 - Who will bear the costs for the identification and registration in R.E.C.S. (veterinary colleagues pay out from the dues, or the C.M.V. leadership which approved and cashed)?
2 - Why, the DSVSA directors and several thousand damaged by money concessionary veterinarians haven’t complained to DG SANTE – EU & OLAF or DIICOT - DNA (they probably knew they would be destroyed by abusive checks, all being prisoners of the captive system)?
The State, i.e. us the taxpayers, lost:
Budget allocated to A.N.S.V.S.A. for combating transmissible disease from animal to human, which was not applied, and the funds were consumed internally, unreturned to the budget.
through the Ministry of Health: the costs of the intervention, treatment and hospitalization of about 12,500 citizens treated annually, as being suspected of rabies (rabies - deadly disease in humans).
through the local budget of municipalities: the money allocated for illegal shelters, capturing and killing of dogs, about 200 million euros (about “fictional” captures soon).
Due to the costs imposed on free negotiation, the poor owners, retired, have abandoned the animals which belonged to them, whichhas led to their capture and killing in public shelters. This is another million euros business, controlled by the same characters.
In conclusion, the breeding of stray dogs and abandonment, killing, suffering, is due in large measure to this law, rules with dedication to a corrupt group, which we have combated for years and against which we will continue to fight.
Romanians’ right to safety and public health was canceled for years because of this law in favor of a criminal group which BLACKMAILED free and compulsory vaccination against rabies by payment at free negotiation of microchipping, health card and registration in R.E.C.S.- C.M.V.- S.R.L. RomPetID - Register made without public tender and without transparency to a national interest action imposed by Organic Law, which has not fixed costs (Law 258/2013). This reaches the criminal limits.
A.N.S.V.S.A. is under the direct control of the Prime Minister of Romania and they both have the following obligations:
- According to the Constitution, art. 31.b.: “to ensure that citizens are properly informed…”
- veterinarians of sanitary-veterinary constituency in each town, district, village, commune, have the obligation to vaccinate all dogs against rabies for free.
- to register the animals in A.N.S.V.A.- Service for Monitoring and Notification of Diseases, which is free and mandatory to be reported to the International Office of Epizooties.
- to register in the free Agricultural Register, as Liviu Harbuz said, as A.N.S.V.S.A. president, at a meeting in Brașov, in front of various national and international entities: "We have our free agricultural register in which we inventory all the animals".
We warn the A.N.S.V.S.A. president, Geronimo Brănescu, that a possible appeal (which we do not think will happen) made by the institution he leads, is the C.M.V. best interest, and it will show that the directors imposed by the former A.N.S.V.S.A. President, state secretary, private councilor of the prime minister V.V. Ponta, deputy of Neamț and current vice president of C.M.V., still have an evil influence in the Romanian sanitary- veterinary system.
These unlawfulnesses were not made under the mandate of the current A.N.S.V.S.A. president, but we expect from him transparent decisions, a direct involvement in the collaboration with civil society, not as cancelling the invitation he made us to the working and counseling meeting, in 2017.
We mention that he represents the interests of Romania, both internally and abroad, and democratic, transparent, legal decisions would avoid blaming the country in the Year of the Centenary and of the Presidency of Romania in the European Parliament.
We thank all those who have supported us in the long and difficult struggle against corrupt budget raptors, paid from the budget funded by us, the taxpayers.
Animals rights without the owner’s rights is cynicism.