The letter of the Prefect of Covasna county

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Ministry of Interior

Prefect’s office – Covasna county

                                                                                                                         Nr. 8033

                                                                                                                 Date: 2014.VI.16.

             To all local authorities of Covasna county

            Attn. of the mayor and the secretary of the settlement

             According to the provisions of Art. 19, letters a) and e) of Law 340/2004, regarding the prefect and the prefect’s office, having in mind that the local council of Ozun adopted a petition, called memorandum, in which the territorial separation on ethnic criteria is being promoted, we draw your attention to the fact, that such resolution is illegal, because it has no legal basis, and was adopted by exceeding the competences of the local authorities laid down in the Constitution and the law in force.

             In this respect we stress that on one hand the right to petition is a fundamental human right, not the right of a public authority, and can only be used by a citizen in the relation with the authorities and not in relation between authorities. On the other hand the local council has no competence in adopting programmatic documents regarding the state policies in the field of organizing the administration of the State, the territorial-administrative organization of the State and establishing the official language of the State.  

             In conclusion, in order to avoid violating the law, we ask you not to adopt resolution having such an object, because these are profoundly illegal.

             At the same time we ask the secretaries of the municipalities that in case such draft resolutions are introduced on the agenda of the local council, to fulfill their legal obligation and not to sign that resolution.

             With consideration,

                      Prefect

                   Marius Popică

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