Dispositions of Article 25, paragraph 2 of Law 95/2006 regarding reform in the realm of healthcare and of Government Emergency Ordinance 11/2020 referring to some measures regarding the institution of quarantine “do not meet the clarity and predictability exigencies of the law and affect fundamental rights and freedoms,” said, on Thursday, the Constitutional Court of Romania.
The Court discussed the constitutionality challenge of the dispositions of article 25, paragraph 2 of Law 95/2006 regarding reform in healthcare and article 8, paragraph (1) of Government Emergency Ordinance no. 11/2020 regarding medical emergency stock, as well as some measures regarding the establishment of quarantine.
Prime Minister Ludovic Orban stated on Thursday that the Government must be prepared with any necessary amendment of the legislation, if following the decision of the Constitutional Court articles that create the legal framework for the defence mechanism of citizens against COVID-19 are affected.
“We must be prepared with any amendment of legislation that is necessary, in case the articles that create the legal framework for the defence mechanism of citizens against COVID are affected,” said the Prime Minister at the start of the Government sitting.
He asked the Justice Minister, Catalin Predoiu, if the information according to which there is no basis for quarantine and isolation is confirmed.
“Mr. Minister Predoiu, I wanted to ask your point of view regarding the decision today of the Constitutional Court regarding quarantine, isolation, because there was speculation regarding the fact that there would be no basis for quarantine and isolation. It did not seem to me that such a decision existed,” said Orban.
The Minister replied that until the publishing in the Official Journal it’s only press information, which cannot generate legal effects.
“Firstly, we must see the decision in its entirety and the reason and afterwards, obviously, we must establish a way to react to this decision, which by the force of the law will become binding once published in the Official Journal. Until the publishing in the Official Journal, we are speaking only of press information,” he said.
Health Minister Nelu Tataru stated on Thursday for AGERPRES that he is surprised by the CCR decision, who admitted the request of the Ombudsman regarding provisions referring to the institution of quarantine, mentioning that all the measures taken by the Government have as a purpose the limiting of infections in the context of the COVID-19 pandemic.