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07.07.2003

Derogations from Normality

As expected, PAD has immediately modified after being adopted the text of the Anticorruption Law, just as it had done with other numerous laws and emergency ordinances. Though it had decided and interpreted after its own will the content of the Anticorruption Parquet, thus avoiding parliamentarian debates by the procedure of assuming one's fault the government realized that following the huge disco tempt of everyone, including their own parliamentarians, the text was perfectible.

Still the object of modification was not the elimination of the serious lacks of the legislative package the whole opposition and the whole civil society sustained, perfectly all right, that it would better hide than fight corruption, but the relativity in its own benefit of the incompatibility institution. So, not only the government, but the Presidency too has gained the right to propose derogations from incompatibility, which the PSD parliamentarians are beginning to accept with joy.

Thus PSD has self-awarded the privilege of some dignitaries that are of the structures of power, the Parliament, the government or the Presidency, but are representing PSD interests as well in some banks or in the audio-visual field. Dan Mircea Popescu, Florin Georgescu or Corina Cretu is few of those that are benefiting from the fact that PSD is not making laws for Romania, but for PSD. Obviously, none of the opposition parliamentarians was ever the beneficiary of such derogations. The explanation given by the government members according to whom the derogated dignitaries would represent state interests is annulling the even idea of the subordinating structures. The dignitaries found more or less by chance in leading positions of running banks or audio-visual are not officially representing the Romanian state but only PSD's interest (or their personal interests, given the immense indemnization they are monthly cashing). The fact that PSD has people positioned in such essential domains mean, just as simple that PSD believes that he is the state.

The derogations the PSD members were granted themselves are showing yet another fact even more serious than that PSD is still controlling the state banks and audio-visual, that the law is clearly mocked. If the law would be prevented with clear categories that should be excepted from its own settlement, for instance those for the CA members of the banks and mass-media institutions, then, the situation would have been clear and normal and those that were to be found in this position need no longer that the law should be suspended arbitrarily for them (it would have been a clear and normal situation only from the point of view of practicing the law and not its content).

If law would have been without a doubt foresaw these exceptions then their adopting would be natural, because exceptions naturalized in this manner become themselves "laws", which mean they become universal and objective. Those unsatisfied of the existence of the rules should have controlled their discontempt only to those that made the law, not to those that are putting it into practice. As it is now, the law is annulled by the arbitrary wish of some people that do not possess this right, even if they are members of the government. For PSD the law is not a universal foresight that is equally applied to everyone but a foresight they can be excused from. All members of the opposition should submit to the law but the PSD parliamentarians are getting derogations.

The PSD government is making itself seen, more than usual, by the ridiculous in which they are throwing the law. The government is in nowadays Romania the first one to break the law by his emergency ordinances that are changing organical laws, thing which is unconstitutional. The justice act has fallen as well into ridiculous, by the brutal interference of the executive in justice. The PSD regime is one in which no one can be sure of one's rights and in which the ones having the power have no obligation whatsoever. This is a regime in which the simple citizen's conditions one of perpetual humiliation because he does not benefit of a real protection of his property or his dignity instead he is constantly at service for smaller or bigger dignitaries or clerks. His dignity is in the hand of those that have the power or are well positioned. It just couldn't be otherwise because laws and democratic institutions are the only guarantees he could have. Still, in Romania these guarantees are depending only on the government members' caprices.

Due to these PSD influences and not of the state's influences on state-owned banks, the spoliation of Bancorex by the PSD nomenclature is repeating all over again, even if, for the sake of European commissionaires this time more subtle forms were chosen: for instance PSD mayors will receive not only preferential governmental subventions but BCR preferential credits, too. The state television's obedience towards the power is coming back strong; this obedience that vitiated profoundly the first years of the transition; just like then the PSD leaders are making hysteria crises because, once in a while on television are shown representatives of other parties.

The derogations of the PSD incompatibles are a new page in the insolence epopee the governing party is proud to write. The derogation from the very law that is representing the PSD governing principle is obviously derogations from normality. They are representing only a mean manner of accumulating some illegitimate power but an attack towards those that want to live in a civilized society. Because a civilized society is governed first only by law and second by a party.