The Cultural Foundation Rosia Montana wins the court battle with the urbanistic plans
The Cultural Foundation Rosia Montană (CFRM) has won the court battle for the termination of the General Urban Plan and the Zonal Urban Plan – the Rosia Montana industrial development area of Rosia Montană commune.
Alba Tribunal admitted yesterday, 24 May 2011, the request whereby CFRM solicits the annulment of the ruling of 1 January 2009 made by the local Council of Rosia Montană commune, Alba county, confirming in retrospect rulings no. 45 and 46 of 19 July 2002 of the local Council of Rosia Montană, regarding the approval of the General Urban Plan and Local Urban Plan of Rosia Montană commune.
The two urban plans approved by the local Council acknowledged the area of Rosia Montană as a single industry area, specifically mining, thereby making impossible the initiation of all other activities which could have supported the economic development of the area, including tourism.
In January 2008 the Court of appeal of Alba Iulia found rulings no. 45 and 46 of the local Council Rosia Montană illegal (as per Art. 46(1) and (2), Law no. 215/2001) as a result of the decision being made with the participation of several councilors who were also employers of Rosia Montană Gold Corporation (RMGC) and whose monetary interest is “clear and affecting their objectivity and impartiality in the process of deliberations”. As such, ruling no. 1/2009, representing the administrative act of confirmation of rulings (45 and 46 of July 2002) declared null and void in the Court, is in itself null and void.
The logical outcome of this ruling by Alba Tribunal is the immediate suspension of the assessment process of the Study on the environmental impact for the mining project expected to take place in Rosia Montană by RMGC, an assessment which is currently under process at the Ministry of Environment and Forests, Technical Review Committee.
CFRM thereby solicits the Ministry of Environment and Forests to make note of the decision of Alba Tribunal and cease all evaluation or analysis proceedings regarding the mining project Rosia Montană and send all documentation to its holder RMGC.
Likewise, CFRM solicits the Ministry of Environment and Forests to make note of the fact that the mining project Rosia Montana has proven many times until now to be founded on illegalities and flagrant violations of the law. We believe that in a lawful state, founded on public interest and respect for the law, such a project must be categorically prohibited.
For additional details regarding the activities of the Cultural Foundation Rosia Montană, contact: Ioan Piso, [email protected], 0744 596 541.
For technical details regarding CFRM’s court actions, contact attorney Virgiliu Ghidra, with Giurgea, Ghidra and Associates, [email protected], 0745 547 250.
The Cultural Foundation Rosia Montana’s mission is the development of Rosia Montană and the region of Apuseni Mountains through the enhancement of its cultural and natural heritage. (www.fcrm.ro)
Members of the Board of Directors of CFRM include:
1. Dr. Ioan Piso, CFRM President;
2. Eugen Cornea CFRM Vice-president;
3. Sorin Jurca, CFRM Vice-president;
4. Aurel Sîntimbrean, CFRM Board member;
5. Andreea Chifan, CFRM Board Secretary.