RO / EN

VALERIU MANOLACHE: Geodetic Order hindered to CLEAN the system 05 - 03 - 2015

Should all those responsible to pay. Why not take administrative measures against those who instead to shed light on this area, choose chaos, uncertainty, too often in the interests of third parties?

I believe that in a normal system would leave with dismissals as fast as it is radical, the institution that coordinates the cadastre. Both the central institution and the territory. And I guarantee that after you give an example, two, three, you will see that sits things here. Unfortunately, in our situation is getting worse or at best perpetuate these anomalies that blocks the activity. I would like to add here a further difficulty, one major cause for failure practically full two projects, CESAR 1 and CESAR 2, which you spoke in the first part of the interview. Because of technical cadastral measurements whole procedure lasted about six months. Then it came to be taken when data from OCPI (Cadastre and Land Registration Office), we need to integrate the system property titles. And this time there was an impasse. In this aspect was added a very strange phenomenon. I refer to the year 2013, the loan agreement with the World Bank. Someone who has a contract with funding like that thinks he grabbed secure a contract,

that source of funding is uncertain. I advise those who consider it to think, once again, when there signs a contract financed by the World Bank conducted by an institution in Romania.

Speaking Agreement provide that ANCPI (National Agency for Cadastre and Land) and OCPI must receive the work of contractors, to pay, so that in 30 days from Washington to come money in compensation accounts of the Ministry of Finance payments previously made by contractors work. They were back to back, as they say, payments. And here came the surprise. In 2013, a regrettable error or not, Romania's budget was not caught any money for this project. Being caught any money could not be paid performers. They can not be paid, the World Bank could not make any payment to the Romanian State as required by the Loan Agreement. And, as a result, it was blocked completely. 2013 was a year of nightmare where I stayed more! There were enough administrative obstacles faced by contractors, they had to make huge financial efforts to survive this time. And I must say this: consider that firms had spent for execution of the works, they were approved and received for a year and have not been paid! And then I think anyone can ask the obvious question: how much is actually wants systematic land registration in Romania?

A very interesting topic is the natural or legal persons that perform this type of work. If there are problems with cadastre and registration that not all working professional. Specifically, how to obtain a permit in this area? There is an internal control? Who runs this kind of work in Romania?

This theme is one, just as important! Unfortunately, in this respect, we must be, as they say, original. Nowhere in the European Union does not happen to us. The first criterion in the European Union on which you can activate in a professional area are studies. Secondly, matter experience, expertise, demonstrated by a test, an exam. Here, the situation is not in this way. And here we speak of an essential component of a case that led to the deterioration of technical and legal data accumulated in the database's ANCPI on the cadastre and land registry. Work, as I said, are executed at the request of a citizen, a person, let's say ANCPI authorized. If the wrong person has been working in the database data were passed more or less erroneous. And, believe me, that many, many alarming, worked badly. Of course I understand that these cases are a minority, but which also produced harmful effect system.

Were authorized in this area priests, confectioners, dancers, all kinds of people without the slightest notion of surveying, tabulation, etc. ANCPI authorized an enormous number of people in this area. Too often unrelated to the literature, the criteria of professional conduct, without minimum ethical responsibility to arise as a result of bad things done.

Why was this so? Who has had and continues to have an interest in this chronic disorder, chaos inconceivable to perpetuate, with unimaginable consequences?

The answer comes, unfortunately for themselves! And these alarming number, which are authorized and stamped, performs some work. These works are submitted for approval and acceptance from OCPI, which obviously are approved by OCPI unfortunately without a very thorough check. If, for example, a dispute arises related to overlapping properties OCPI and show responsibility towards so-called expert who made that cadastre.

So why not intended to regulate this area?

I want to say that after years of efforts, memoirs, in 2007, finally was born a law on the organization and functioning of Surveyors of Romania. Law which was modeled on the old democracies countries, Germany, France, Italy etc. What was important was the idea, the desire to make order in this area. How else in Romania there Architects, Midwives, National Union of Notaries, the National Union of Bars in Romania, so a full list of professions regulated by law. And therefore appears Surveyors Act. In seven to eight months this was "killed" as remained, in fact, to this day. We are talking about a law passed carefully! The organic law promulgated, following which was founded Geodetic Order from Romania. Unfortunately, the law, as a result of obvious interest, has been emptied of content. The motivation was, in my view, childish, that violates the right to work! Why violate the right to work, while Geodetic Order came, and said, Why say all the laws of Romania, which organizes a profession, that are required to have the following studies, you must have the following seniority, status and must follow a code of conduct which was in force, with a disciplinary committee, with suspension?

Who had an interest in this extremely important that no clear regulations that limit the number of permits, strictly, the people and businesses prepared to do so?

First it should be clear that the law is not intended to "limit the number of authorizations", she proposed to rank professionals in this area according to educational criteria, experience, respect Statute and Code of Ethics. What I want to say is that the Order shall take responsibility to clean up this area is, moreover, directly concerned in this regard. Always an entity like this is more interested in an area to clean than the state. Geodetic Order had reason to make things work better. Even in economically is evident that if the system goes wrong and the work of those involved in this system will face problems.

The very public perception of experts survey is often negative, rightly considering that many tabulation is made void. These things you do as an organization to be very careful to keep them under control and even eliminate. For these reasons, it is education, age and was asked a compulsory exam, but was told by some directly concerned that violate the right to work. Which is why a Senator, Silistru of Vaslui, who has a brother, a former artilleryman, authorized by ANCPI and the requirements of the law can not be found in the new landscape, pulled the strings in this direction. No profession that person is a problem because it is one honorable. I have colleagues and friends who were professional soldiers, who are authorized ANCPI companies have even known in the art. But they have completed military education institutions weapon geodesy and surveying what is something else. But the artillery? I invite you to study a transcript of a military artillery weapon: materials that have nothing to do with surveying, land registration, etc. You know these situations seem to me? As clerk of the notary office notary should we do for that day typed documents drawn up by a notary and, consequently, is not it, and he knows notary! Or the nurse who assists the surgeon in the operating room and do her doctor that sees just how to make daily tasks! If professions fortunately I gave examples such things can’t happen, happens in cadastre.

And then, Senator lobbied Parliament, notified the Ombudsman that sent the law to the Constitutional Court. The Constitutional Court said that the Order does not authorize Surveyors experts in the field (as it would restrict the right motivation to work!) So that law remained, as I said, no content. Order exists but can not do anything for the regulation and cleansing this very important area.

Since then, all we fight to restore the Order of Surveyors right to regulate. Just last month we had a meeting to the Legal Committee of Parliament has spoken of a new bill, and this is how it has been almost seven years and has not advanced significantly in the direction of the talk. There are many promises, we often say that the bill will go fast on the agenda, unfortunately this is not so. It's all about the real intention of order in the field. If you really want to do right, this is one of the ways. If not, you can find all kinds of loopholes, sorry. I think it is interesting to recall that Senator of Vaslui remains "vigilant" in block this bill addresses sending all sorts of protests, viewpoints (which in fact did not require one) to the Chamber of Deputies committees or Ministry Regional Development. Personally, I would be curious how such actions are framed of a parliamentarian has a financial interest evident in this topic.

Mr. MANOLACHE, say to our readers a few words about yourself, about the company that you own ...

I graduated from the Faculty of Geodesy, class of 1984. I have a PhD in the field. I worked at graduation and so far in this area. Before 1989 I worked at the Institute for Studies and land improvements on Highway Olteniţei. March 26, 1990, it will soon be 25 years, working on THEOTOP company that I founded it. THEOTOP activity covers things that talk. During the period after 1990 tried to survive, to grow, to attack, as they say, new themes, new works, a beautiful thing, but hard. You know what they say is the hardest to do the trail, then many walks on it!

We had very important projects: projects Romania aerial photography Aero 5 Aero 7, by 2007 some projects developed with partners from outside the Netherlands and Israel. We also had projects with the World Bank index representing completion of the plan, the precursor general survey, identifying all parcels and attaching the indexing of elements with names owners. To these I add green cadastre projects that I made in Arad, Galati, Bucharest. I was involved in a project converting digital cadastral documentation, PAD 2008 and these are just some of the projects.

You and President of the Professional Association of Geodesy and Cadastre. How would you describe the work of the association of employers?

Employers 'Association was formed in 1996 for Cadastre and Geodesy and since 2000 as president leads the employers' association. During this time, the association became a member of the International Federation of geometry. The Association is also a member of the European Council of geometry. So I managed to become full members of the two representative organizations at international and European. In recognition of the seriousness and our capability, we organized the European Congress of Cadastre in May 2010 in Bucharest. It was the first international event, extremely serious, organized at the Parliament Palace which was attended by over 250 delegates from 29 countries.

History employers association they run rich. After 1996, I have always tried my colleagues to build a dialogue with the institution that we represent, but also with other institutions. We tried and we offer advice. I wanted to have discussions with stakeholders prior to development by them of certain regulations in this area. We had many discussions, but everything went as they wanted. Unfortunately, our success is less visible and less outside the country.

 

< Back to the list