Index – National – Has the government extended restrictive measures against its will?



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The Government Information Center issued a statement Wednesday morning:

Contrary to press reports published today, the restrictive measures currently in force have not been extended by the government and will apply until December 11, 2020. The government extended the emergency until February 8, 2021, based on a decision of the National Assembly.

“Lying and spreading fake news”

After the announcement was published, a fire broke out in the two news portals on the public service side and the official press, which, despite their best convictions, were corrected in accordance with the requirements of the Government Information Center.

Of course, the discussion is not about what hirado.hu has been saying in its title since this morning: “Index and HVG lie and spread fake news”. Well, while it is not easy to lie and spread fakes at the same time, the real lie would have been if the two news portals claimed that the government decree had published clear and unambiguous regulations on this meat cutting issue without any interpretation problem. legal.

Government spokeswoman Alexandra Szentkirályi posted on Facebook:

Unfortunately, we see that fake news often appears even in times of emergency. This is not only misleading, but especially damaging in these times. Gave news of it this morning, false! – the press that the government has extended the restrictive measures currently in force. This is not true! The current measures will apply until December 11 of this year. The government extended the emergency until February 8, 2021, based on a decision by parliament. And the two are not the same!

Different interpretations

As “harmful” as it may be, there are at least three interpretations of the scope of a government decree:

  1. The restrictive measures have been expanded, as the title of the Regulation says: “505/2020. (XI. 17.) on the extension of the validity of the emergency measures related to the emergency situation promulgated on November 4, 2020 ”;
  2. the measures have not been extended, only the regulation on the basis of which the measures can be extended;
  3. Although the measures were not extended, the government decree received the opposite title.

Good legal dilemma. The question, of course, is whether this legislative task could not have been solved more simply and professionally.

The former constitutional judge also confirmed

The Government Information Center and government spokesperson Alexandra Szentkirályi testify to the second version.

We have looked at all three and in our opinion, although this may not have been the original intention, the government has extended the restrictive measures currently in effect until February 8.

505/2020. (XI. 17.) § 1 c) of the Government Decree establishes:

government […] 484/2020 on the second phase of the protection measures to be applied in case of emergency. (XI. 10.) Government Decree 1-14. §, 16-19. §§ 22-28. §-the […] 2020 CIX on controlling the second wave of the coronavirus pandemic. extended until the law expires.

That is to say:

  • Articles 1 to 14 of the aforementioned Government Decree. § regulates, among other things, restrictive measures from the use of a mask to the curfew;
  • The scope of this Regulation, which includes several restrictive measures, is extended by the provision, namely
  • until the expiration of said law, that is, until February 8 and not until December 11.

We do not want to spread false news, but if the original government’s intention was only to extend the emergency until February 8 and not restrictive measures, we believe that the government decree now promulgated should be modified no later than December 11.

With our article, we got in touch with several renowned lawyers who, asking for their names to be hidden, confirmed that the government decree had indeed extended the restrictive measures until February 8.

Among those interviewed was a former constitutional judge, who described the opposite interpretation as sad.

(Cover image: László Aradi / Index)



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