The Constitutional Court of Romania (CCR) established on Wednesday that the Government Emergency Ordinance (GEO) which regulates the state of alert is constitutional, sources with the CCR told AGERPRES.
The quoted sources have mentioned that it was an interpretative decision, namely that the provisions of article 4 of Government Emergency Ordinance (OUG) No. 21/2004 on the National System of Emergency Situations Management are constitutional to the extent to which they do not restrict the rights and freedoms of citizens, which can be limited only by law.
According to the same sources, constitutional judges unanimously rejected the Ombudsperson notification regarding article 2 letter f of OUG No.21/2004.
On Wednesday, the CCR considered the notification sent by the Ombudsperson on the OUG No.21/2004 regarding the National System of Emergency Situations Management.
The Ombudsperson mentioned in the notification that the delegation of some legislative powers to administrative authorities aimed at restricting the exercise of fundamental rights or freedoms violates the principle of separation of powers and the constitutional provisions according to which Parliament is the sole legislative authority.
According to her, Parliament and, through legislative delegation under the conditions of article 15 of the Constitution, the Government are authorised to establish, amend and repeal legal norms of general application. The public administration authorities do not have such authority, their mission being to ensure the execution of the laws.
Provisions of article 4 of the Government Emergency Ordinance are constitutional to the extent to which the actions and measures ordered during the state of alert are not aimed at restricting the exercise of some rights
The Constitutional Court of Romania (CCR) established on Wednesday that the provisions of article 4 of the Government Emergency Ordinance are constitutional “to the extent to which the actions and measures ordered during the state of alert are not aimed at restricting the exercise of some rights”.
According to a CCR release on Wednesday, the Plenary of the Constitutional Court debated the unconstitutionality exception of provisions of article 2 letter f) and article 4 of Government Emergency Ordinance (OUG) No. 21/2004 regarding the National System of Emergency Situations Management, an exception raised by the Ombudsperson.
Following deliberations, the CCR, “by a majority of votes, admitted the unconstitutionality exception and found that the provisions of article 4 of Government Emergency Ordinance No. 21/2004 regarding the National System of Emergency Situations Management are constitutional to the extent to which the actions and measures ordered during the state of alert are not aimed at restricting the exercise of some fundamental rights and freedoms,” the release mentions.
Furthermore, the quoted source mentions that constitutional judges unanimously rejected the unconstitutionality exception and established that the provisions of article 2 letter f) of OUG No.21/2004 are constitutional in relation to the criticism expressed.
“In the substantiation of the ruling, the Court, similarly to the considerations which Decision No.152 of 6 May on the state of emergency was based on, decided that the normative act restricting / affecting the fundamental rights and freedoms of citizens or the fundamental institutions of the state falls within the scope of the interdiction provided by article 115 paragraph (6) of the Constitution, so that, observing the constitutional framework resulting from the revision of the Fundamental Law from 2003, a regulation with such an object can only be a law, as a formal act of Parliament,” the CCR mentions.
The decision is final and generally binding, and is communicated to the two Chambers of Parliament, the Government and the Ombudsperson
Chamber to debate coronavirus state of alert Gov’t bill
A bill initiated by the government on measures to prevent and combat the effects of the COVID-19 pandemic in a state of alert will be debated and voted on today by the Chamber of Deputies.
The bill will be considered by the specialist committees, which will issue a report that will be submitted to the Chamber at today’s meeting for a plenary vote.
On Tuesday, the Senate passed the bill after the version put forth by the government was modified to include amendments that for the most part had been drafted by the Social Democratic Party (PSD). When the state of alert is established on the entire territory of the country, the measure shall be made conditional upon the approval of Parliament, according to an amendment.
In the debates in the Chamber, the lawmakers, in their turn, can bring changes to the bill passed by the Senate, in committees and the plenary session. The Chamber of Deputies has the last say on the bill as it is the decision-making body.
The purpose of the bill is to establish, during a state of alert declared under law in order to prevent and combat the effects of the COVID-19 pandemic, temporary and, where appropriate, gradual measures to protect the rights to life, physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights and freedoms.