Înființarea companiilor municipale votată pentru a doua oară de consilierii generali. Opoziția va continua acțiunile în instanță
Înființarea companiilor municipale a fost votată astăzi, din nou, de consilierii generali. Asta după ce, anul trecut, acestea au fost declarate ilegale de Curtea de Apel București pentru că decizia nu a respectat legea de la acea vreme care prevedea că necesitatea a 2/3 din numărul consilierilor. Noul Cod Administrativ o ajută însă pe Gabriela Firea să treacă astfel de hotărâri prin majoritate simplă, astfel că, la votul de astăzi, nu au fost probleme.
Potrivit Codului Administrativ adoptat recent de Guvern, prin Ordonanță de Urgență, „este necesară majoritatea absolută, și nu cu majoritatea calificată, adică două treimi, ca în prezent, a consilierilor locali pentru aprobarea hotărârilor privind: bugetul local, contractarea de împrumuturi, hotărârilor prin care se stabilesc impozite și taxe locale, celor privind participarea la programe de dezvoltare județeană, regională, zonală sau de cooperare transfrontalieră și în cazul celor privind organizarea și dezvoltarea urbanistică a localităților și amenajarea teritoriului”.
Acest Cod Administrativ este considerat de opoziție ca un cadou făcut baronilor locali ai puterii, care pot lua decizii mult mai ușor, fără votul altor partide. Mai mult chiar, prin noul Cod aleșii locali primesc pensii speciale.
Opoziția va continua procesele în instanță
Reacția opoziției nu s-a lăsat așteptată: USR și PNL au refuzat să voteze înființarea pentru a două oară a companiilor municipale declarate ilegale de instanța.
Ciprian Ciucu, consilier general PNL:
„Ședință la Consiliul General, astăzi. Ne-am opus categoric ideilor obsesive ale Primarului General PSD, Firea-Pandele, care a încercat din nou să treacă hotărârile prin care firmele ei să devină din ilegale, legale. După intrarea în vigoare a noului Cod Administrativ care a schimbat regula cvorumului din obligaţia de a avea o majoritate de două treimi, ȋn 50% + 1, Firea a reuşit astăzi, cu ajutorul consilierilor PMP, să ȋşi legalizeze “temporar” firmele. Spunem “temporar” pentru că nu ne vom opri aici, doar la opoziția din cadrul Consiliului General. Mergem ȋn instanţă şi vom folosi toate căile de atac pe care le avem la dispoziţie pentru ca banul public, banii bucureştenilor să nu fie risipiţi”.
Roxana Wring, consilier general USR:
„Mai mult, așa cum reiese foarte clar din motivarea deciziei Curții de Apel București, problema acestor companii nu este doar votul prin care au fost înființate. La fel de gravă este și participarea SC CICLOP SERVICE SA în acționariatul lor. Judecătorii consideră că avem de-a face cu o asociere mincinoasă, de fațadă, nu cu una reală. Practic, Municipalitatea s-a asociat cu ea însăși pentru înființarea societăților, ceea ce este ilegal”.
Deciziile Curții de Apel București, deși definitive, nu au fost respectate niciodată de municipalitate
Hotărârea Curții de Apel București din noiembrie 2018 nu a dus la declanșarea imediată a procedurilor de dizolvare a companiilor municipale. Pe rolul instanțelor se află în prezent procese intentate de opoziție. De asemenea, Prefectura București a cerut Tribunalului București să anuleze actele de înființare a companiilor municipale, printre care majorări de capital, bugete și acte adiționale prin care s-au delegat servicii publice. Primăria a reacționat inițial foarte agresiv la decizia Curții de Apel București, viceprimarul Aurelian Bădulescu transmițând Curții, printr-o scrisoare făcută publică, că autoritatea locală bucureșteană își rezervă dreptul de a se adresa „organelor competente să cerceteze săvârșirea unei infracțiuni de abuz în serviciu” în această cauză, considerând că decizia CAB este ilegală „cu intenție”.
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