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February 9, 2023

The state of emergency extended with another 30 days in Romania. Gruia Dufaut Law Office explains the new presidential decree

The Romanian president, Klaus Iohannis, has extended the state of emergency in Romania for 30 more days. Pursuant to the presidential decree no 240 published in the Official Gazette no 311/14.04.2020, the restrictions and measures priory adopted by the Decree no 195/2020 are maintained and new exceptional measures are to be taken by the competent authorities so that the crisis entailed by the Covid-19 outbreak may be effectively contained and weathered.

Hence, during the state of emergency the exercise of some rights and liberties remain restricted: the free movement of persons, the right to private and family life, inviolability of domicile, the right to education, the freedom to assembly, the right to strike, the right to private property, the economic freedom.

The new presidential decree lays down both the first emergency measures directly enforceable as well as the first emergency measures to be enforced gradually.

Amongst the emergency measures with direct enforceability we mention:

The ban on gatherings of any kind, processions or other events organized in closed premises;

The ban of religious mass with the participation of the public ;

The right of the institutions of the national defence system, of public order and national security and of public health care system to carry out public procurement procedures for execution of framework agreements in order to ensure specific protection means by direct award without prior call for competition ;

The adoption by the government of economic and social measures aimed at supporting the economic operators directly or indirectly impaired by the Covid-19 crisis;

The issuance by the Ministry of Economy and the Business Environment, upon request and upon submission of supporting documents, of the Emergency Status Certificate for economic operators;

The extension of the due date of the documents due for renewal during the state of emergency, issued by the public authorities ;

The authorities being allowed to limit the prices of medicines, necessity food and public utility services (electricity and warm, gas, water, cleaning and fuels);

Within the 10-day time following to the entry into force of this decree, the government shall establish the general framework and reorganisation, restructuring and reschedule of the activities funded from European funds;

During the state of emergency, the Government shall undertake special measures to backup the employers and protect the employees and their families;

Public institutions and economic operators shall implement remote work or telework, by unilateral deed. Employees shall work remotely /by telework in full observance of the legal provisions regulating such work;

The inspections usually carried out by the competent authorities are suspended, except for the inspections ordered by the Ministry of work and social protection and those ordered by the Work inspection for checking the implementation of the decisions made by the national work committee;

Collective labour contracts and agreements maintain their validity;

As for the legal field, judicial decisions continue to be drawn up and communicated; legal action filings and other activities are pursued, conditional upon sanitary discipline rules being abided by;

Courts keep on pursuing urgent files;

Enforcement procedures are also pursued in full observance of the sanitary discipline rules by the competent authorities; the communication of documents by electronic means being the first option.



Attorneys at law (Paris & Bucharest)



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