Press Release - Constitutional Court will decide whether free of charge compulsory rabies vaccination can be conditioned
The Court of Appeal Cluj suspended the trial, on January 13, and notified the Constitutional Court to resolve the objection of unconstitutionality raised by Association "The Electronic Register of Domestic Animals and Pets" Turda (R.E.A.D.C.).
R.E.A.D.C Turda sued the National Sanitary Veterinary and Food Safety Authority (N.S.V.F.S.A.) and the College of Veterinarians (C.V.), and demanded the annulment of several articles of Order no. 1 of 07.01.2014, which regulates the rules on identification and registration of dogs with owners.
The Association believes that:
- The conditioning of rabies vaccination by microchipping and registration payment in Register of Dogs with Owners (RDO), owned by C.V., is abusive.
- The price of the microchip and its implantation labor is free negociated between veterinarians and animal owners.
- Rabies vaccine is compulsory and free of charge to the whole country and must be performed free to all dogs with owners, by all dealer vets.
The vaccination record was kept by N.S.V.F.S.A., but this registry was partially ”privatized”, only regarding dogs with owners, town shelters remaining under N.S.V.F.S.A., because they could not collect money from them.
Partial ”privatization” of N.S.V.F.S.A., as RDO., was assigned to C.V., under coordonation of the deputy and former president of N.S.V.F.S.A., Liviu Harbuz, who participated in drafting the Law 258/2013. We mention that when drafting the law he held and currently holds the position of first vice-president of C.V..
These statements are supported by associations and individual consulted in the formation of the law.
The former government, the Ministry of Agriculture, N.S.V.F.S.A. and the C.V., have not informed the dog owners about their constitutional right to free rabies vaccination,although R.E.A.D.C. Association summoned each institution, through countless official letters, since December 2013, about these abuses to which the officials have not reacted to this day.
We ask for the criminal investigation of those who are guilty of offenses punishable under Art. 352 Penal Code, paragraph 1, 2, on thwarting disease control, and Art. 355 Penal Code, on spreading of disease to animals and plants.
Conditioning the free vaccine by a payable action, in group interest, is a premeditated attack on public health, and because of this, in the period 2014-2015, less than 20% of the canine population across the country was vaccinated against rabies.
This is a legal blackmail on citizens, forgetting the cruel reality of the Romanian rural area poverty, where most householders and shepherds own the dog for security and protection, not as a pet.
Citizens are liable to excessive fines, of approx. 1,000 euro, if their animals are not registered.
Animal owners must be exempted from fines, under the Administrative-offenses procedure, which states: "To be the subject of an offense, the individual must act in complete freedom of will and action, which means that the decision to commit that act should not be imposed from the outside, which would paralyze the power to lead and to be master of his actions.”
The abandonment of dogs is the following of financial exploitation laws with the help of some elected who have personal or group interests.
The trial was entitled: "Money before public health."
R.E.A.D.C. Turda and partners Tasso e.V. Germany, have reported the case to the UE forums, by project coordinator Marin Bleidner, who informed the European Commissioner for Health and Food Safety, Vytenis Andriukaitis, about this premeditated abuse. MEP Bernhard Stefan Eck, vice-president of the Commission for Public Health and Food Safety in EU Parliament, has promised us, at our meetings, to monitor these abuses and initiate the control procedures.
According to the status of a non-governmental association, we will combat the abuse of the system that has hijacked the goal of this free campaign dedicated to protecting the health of citizens and animals in Romania.
Animal protection without owners protection is an act of cynicism.