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December 7, 2022

Gov’t adopts draft law regulating the state of alert

The Government adopted on Monday a draft law for regulating the state of alert to be implemented after the state of emergency ceases, head of the Prime Minister’s Chancellery Ionel Danca announced on Monday.

“The Government adopted a draft law for protecting the life of citizens and the health of individuals in the next period, in order to regulate the state of alert which will be instituted after the state of emergency ceases and, in the absence of some clear regulations of law in this context, both Romanians’ life and physical health could be endangered. That is why, the Government met today in session for the adoption of this draft law, which was sent to Parliament for debate and adoption under an emergency regime,” Danca said at the Victoria Palace.

He mentioned that the provisions of the normative act are mainly aimed at matters which “have been regulated during the state of emergency, which will be continued during the state of alert and which require a regulation at the level of law adopted in Parliament.”


JusMin Predoiu: Bill discussed on Monday’s Gov’t meeting includes measures which can be taken in state of alert


The draft law which is to be approved in Monday’s Government meeting includes a series of measures which can be taken during the state of alert regarding the unfolding of some economic-social activities within the public institutions, so that the health and life be protected in a “coordinated and coherent” manner,” Justice Minister Catalin Predoiu said on Monday in the beginning of the Gov’t meeting.

“The purpose of this law is protecting the life and health of citizens in the context of the SRS-CoV-2 pandemic, life and health which represent the fundamental values and the fundamental rights in the constellation of rights recognised by the Constitution. The bill includes a series of measures which can be implemented during the state of alert, measures which can organise the unfolding of some economic-social activities within public institutions, so that citizens’ health and life be protected in a coordinated and coherent manner, leaving, at the same time, freedom to carry out these activities in the given context,” Predoiu explained.

He mentioned that the structure of the draft law includes a general part which defines “the scope in terms of the measures, in terms of addressability as persons, but also the duration.”

“It is a draft law which addresses the duration of the state of alert. At the same time, it is a flexible bill which, through a framework norm, leaves the authorities, in the future, the possibility to resort to such measures in other epidemics, if needed, but only in a state of alert. The substantial part, so to speak, the middle part of the project is made up of the contributions and proposals from all relevant ministries in this context and is aimed at the sectorial measures on each area, in each ministry’s remit. In general, there are measures which are known by the public opinion, which have been published including on Friday on the website of the Interior Ministry and they don’t represent a novelty from this point of view,” Predoiu added.

The Justice Minister explained that the final provisions of the draft law regulate the fact that “the concrete organisation, in detail, of the implementation of the provisions of this law undoubtedly falls to ministries, the National Committee for Special Emergency Situations and other relevant institutions in this context, through infralegal normative acts, but which are only acts of organization.”

Prime Minister Ludovic Orban pointed out that the bill comes as a result of the Constitutional Court of Romania (CCR) decision regarding a notification filed by the Ombudsperson.

“I have convened the Government meeting to debate and adopt a draft law, which we consider indispensable, in order to continue the battle for the defence of the health and life of Romanian citizens. As you well know, last week, the Constitutional Court ruled on a complaint, which was filed by the Ombudsperson, and following the decision of the Constitutional Court we are practically in the situation where this institution has deprived the authorities of the necessary levers to fight effectively against the spread of the epidemic and have all the necessary tools to protect Romanians from the risk of contracting COVID-19. The state of emergency, which was established through a decree by the President of Romania, ends on 15 May. We must have the guarantee that we’ll have at our disposal all the necessary tools to continue the activity we were carried out over the last 3 months, because, basically, the fight against the epidemic started before the state of emergency was declared,” PM Orban said.

The PM explained that the Executive has chosen this normative act formula: “It is clear that the Constitutional Court decision limits very much our margin of movement and, in order to have full legitimacy to be able to maintain those restrictions which are absolutely necessary to protect the health of Romanians, we decided to draft and submit this bill.”


PM Orban: Gov’t to get ready for Court, considering Ombudsman’s complaint against state of alert


Prime Minister Ludovic Orban on Monday called on Interior Minister Marcel Vela to prepare “a legal, constitutional and factual reply” in the event of a ruling by the Romanian Constitutional Court (CCR) on the state of alert legislation.

“Minister Vela, keep in mind that the Ombudsperson has notified the Constitutional Court also regarding the regulations that affect the state of alert and we must be prepared, because the trial term at the Constitutional Court is Wednesday, May 13; we must be prepared for any change that is necessary to be able to give a legal, constitutional and factual reply so that we have a very clear legislative framework regarding the activity of the National Committee for Special Emergency Situations (CNSSU) and other entities within the state of alert,” Orban said at the beginning of a government meeting on Monday.

The interior minister said he would present the “approach formula” on Thursday. “We are ready and on Thursday we present you the approach formula,” Vela replied.

Last Wednesday, the Ombudsperson filed with the Constitutional Court a constitutionality objection over the Government Emergency Ordinance 21/2004 on the National Emergency Management System.

According to a press statement released by the Ombudsman, delegating legislative powers to administrative authorities aimed at restricting the exercise of fundamental rights or freedoms violates the principle of separation of powers, as well as the constitutional provisions according to which Parliament is the sole lawmaking authority.

CCR will consider the objection on Wednesday. Today is the last day the parties may submit their views to the court.

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