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Liga Pro Europa is demanding the dismissal of Mr. Mircea Munteanu, head of office of the Mureş Prefect Office, due to his posting on the 19th of February on the Facebook of a message adressed to the protesters containing the well-known nazi slogan „Arbeit macht frei”.
Thisd slogan has been used as a logo of the nazist concentration and extermination camps and became a symbol of the Endlösung (the final solution of Jews’ extermination).
The offense committed by Mr. Mircea Munteanu is subject of the Emergency Ordinance nr. 31/2002 (approved by Law nr. 107/2006), articles 4 and 5.
According to the provisions of the Emergency Ordinance (art. 2) „on fascist, rasists or xenophobe symbols is to be understood flags, logo, badges, uniforms, slogans, greeting forms, and any other means that promotes ideas, concepts and doctrines” likes „hate, and violence on ethnic, rasial or religious grounds, the superiority of some races and the inferiority of others, anti-semitisms, incitement in xenophobia, use of violence for changing the constitutional order or of democratic institutes, the extremist nationalism”.
The disseminaton, selling or manifacturing of fascist, racist or xenophobe symbols, and the possession of such symbols in order to be spread is punishable with imprisonment from 6 months to 5 years and interdiction of certain rights (art. 4), and promotion of fascist, racist and xenophobe ideology through propaganda, perpetrated by any means, in public, is punishable with imprisonment from 6 months to 5 years and interdiction of certain rights (art. 5).
According to article 7, for the offenses listed in art. 3-6 the prosecution is carried out compulsory by the prosecutor. The Pro Europa League requires the Prosecutor’s Office ti take action in this case.
The Pro Europa League also calls for the dismissal of the Mureş Count Prefect Mr. Marius Paşcan, who did not take any administrative action for the cancellation of the employment contract of his Head of Office, contrary in his public interventions, found excuses, arguing that his subordinate was posting in his free time.
According to the article 19 a) and c) of the Law 304/2004 regarding the Prefect and the Prefect’s Office, as the representative of the Government in territory, the Prefect meets the following main responsabilities:
„a) ensures, at the level of the county or, as appropriate, of Bucharest, the application and enforcement of the Constitution, laws, ordinances, and resolutions of the Government, other legal acts, and of public order; (…)
c) acts to maintain the climate of social peace and a permanent communication with all the institutional and social levels, paying constant attention to prevent social tensions;”
Tolerating the violation of law by his own head of office consists, by default, a breach of his statutory obligations.
These facts are even more serious as they come in a city where Holocaust survivors are still living.
Smaranda Enache
Co-Chair
January 25, 2012
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