The persons who do not want to pay for the transit of heat through pipes going via their apartments that were disconnected from the centralized heating system are urged to join in a related case that is pending in court, said lawyer Nicolae Marian, who noted that the given problem is faced by 33,500 people and there are a series of court decisions to the detriment of consumers on the issue. However, an unprecedented case is now examined in court.
In a news conference at IPN, doctor of law Nicolae Marian said that there was a period in the 1990s, when it was possible to install autonomous heating systems with corresponding authorizations. However, at a certain moment, those dwellers were forced to pay a percentage rate for the transit of heat though common pipes. A series of court decisions to the detriment of consumers followed.
“But now we have an unprecedented case that is examined in court. There was raised the exception of unconstitutionality of a Government decision by which the possibility for SA “Termoelectrica” to collect such payments is justified. For one reason or another, the Constitutional Court, when it examined the exception of unconstitutionality, ordered to stop the examination of the constitutionality control, arguing it goes to the exercise of control over regulations for applying the law and this exercise should be performed by the administrative court. The latter accepted the request which should be supported by all those who suffer because of this problem,” stated the lawyer.
According to him, all the persons who disagree with the collection of these payments should compile a co-participation application within civil lawsuit No. 3-145/20. Those interested can see this case. Such applications are needed as the administrative court is to summon every dweller affected by these illegalities. The Chisinau Appeals Court is to pronounce on provisions referring to the law on heat and promotion of cogeneration.
Professor Alexandru Arsene, doctor habilitate of constitutional law, said that today such a situation was reached because the adopted laws, including in this field, weren’t adjusted till the end. But Article 26 of the Constitution provides that the state protects loyal competition, which is the citizen can decide by oneself the source and supplier, of heat in this case. But this does not affect at all Article 1, paragraph 3 of the Constitution, which provides that human dignity, rights and freedoms are supreme values guaranteed by Constitution in the Republic of Moldova. Those regulations weren’t completed and are detrimental to the citizens.
Ion Caraman, retired building engineer, said it is very hard to obtain something alone. If the people unite, they can prove that the legislation is violated and it should be amended. If they are not heard, they will go further to seek justice.