A man from Brașov opened three lawsuits at the Bucharest Court demanding the dissolution of PNL, USR and UDMR, claiming that the three parties violated the rights of pensioners.
A less common approach reached the judges of the Bucharest Court. Eugen Nicodim Lupea, a pensioner from Brașov known for the numerous actions he opened over time in court, sued, separately, the National Liberal Party, the Save Romania Union and the Hungarian Democratic Union of Romania, requesting the dissolution of each political formation.
The three actions were filed last month and have almost identical content, the only difference being the name of the party concerned. In the requests addressed to the court, the plaintiff claims that PNL, USR and UDMR promoted measures that led to the suspension of pension indexation and considers that this represents a violation of constitutional principles and the rights of pensioners, ziaruldeiasi notes.
At the opening of each action, Eugen Nicodim Lupea presents himself in an atypical way, describing himself as: “(…) Romanian citizen and citizen of the European Union, EUROPEAN TAXPAYER, (…) TAX AND TAX PAYER second by second, minute by minute for 365 days, year by year, to the Public Budget of Romania EU, etc.”
After this presentation, the plaintiff asks the court to find that the activity of each party has repeatedly violated the constitutional order, to analyze whether the legal conditions for the dissolution of the party are met and to oblige the party to pay the court costs and some damages in the amount of 10,000 lei.
“1. Finding that the political activities and actions promoted by the defendant (PNL, USR, UDMR – no) have repeatedly violated the fundamental principles of the constitutional order;
Finding the violation of the pensioners’ fundamental rights by supporting and promoting the normative acts that suspended the application of the legal pension indexation mechanism;
Analyzing the fulfillment of the conditions provided by law for the dissolution of the party;
Obliging the defendant to pay court costs and related damages in the amount of 10,000 lei to date”, requested Eugen Nicodim Lupea.
The reason cited
In the motivation of the actions, the resident of Brasov shows that he is a beneficiary of the public pension system and says that he was directly affected by the suspension of pension indexation. so, in his opinion, the political formations must bear the legal consequences for this measure.
When and by how much pensions could increase. The variants that can be applied
The plaintiff claims that a welfare state has the obligation to protect people in a situation of economic vulnerability, and the repeated suspension of pension indexation contravenes this principle.
At the same time, he believes that the use of emergency ordinances to postpone the application of a law adopted by the Parliament affects the separation of powers in the state and the security of legal relations.
“The social nature of the state implies the positive obligation of the authorities to protect people in a situation of economic vulnerability. The repeated suspension of pension indexation is, in the plaintiff’s opinion, incompatible with this constitutional obligation. At the same time, the repeated use of emergency ordinances to suspend the effects of a law adopted by Parliament affects the principle of the separation of powers in the state and the security of legal relations”. he wrote in the documents submitted to the court.
“When a political party reaches the exercise of executive power and repeatedly promotes measures that empty the content of rights recognized by law, the problem is no longer exclusively one of political expediency, but can become a problem of constitutional compliance. (…) The plaintiff asks the court to verify whether the conditions provided by the legislation on political parties for the application of the sanction of dissolution are met, considering the repetitive nature of the contested measures, the effects produced on a very large number of citizens and the alleged impact on the fundamental principles enshrined by the Romanian Constitution”, he completed.
Who is Eugen Nicodim Lupea
Eugen Nicodim Lupea’s name does not appear for the first time on the court portal. Over the last few years, the Braşov native has opened or intervened in numerous files, many of them having as their object administrative acts, litigations with public institutions or cases with strong political stakes.
Among his best-known actions are the interventions in all the lawsuits filed by former president Traian Băsescu, after the High Court of Cassation and Justice definitively established that he collaborated with the former Securitate. Băsescu later contested several measures regarding the recovery of damages by the state, and Lupea requested to intervene in all these files.
At the beginning of this year, the resident of Brasov also filed two actions in which he requested the suspension of the Constitutional Court Decision of December 6, 2024, by which the presidential elections were annulled, as well as the suspension of the administrative acts by which Marian Enache and Doina Livia Stanciu were appointed judges of the Constitutional Court. In these files he sued the Constitutional Court, the Presidential Administration, the Government, the Parliament and the Ministry of Internal Affairs.
According to the data available on the court portal, so far none of the actions filed by Eugen Nicodim Lupea has ended with a favorable solution for the plaintiff.
