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The new ordinance announced on Thursday by Marcel Vela, GEO 68/2020, modifies four normative acts with incidence in the field of emergency management and civil protection, respectively: GEO 21/2004, GEO 1/2014, GO 88/2001 and Law 481/2004, according to Mediafax.
See also: OFFICER – New traffic restrictions in the alert state. A new statement appears at your own risk / MODEL
For starters, the Emergency Situations Department takes on a few more responsibilities, including controlling externally funded projects, civil-military cooperation, or civil protection in emergencies, like the one we are in. In fact, DSU, coordinated by Marcel Vela, will communicate publicly about crisis situations, along with this regulatory act.
In addition, the new ordinance repeals letter f) of article 2 of GEO 21/2004 (on the National Emergency Management System), which actually defines the state of alert.
But below is another definition of alertness..
See also: List of all measures to be observed during the ALERT / DOCUMENT status
Specifically, the new definition is: “Alertness represents the response to an emergency situation of special magnitude and intensity, determined by one or more types of risk, consisting of a set of temporary measures, proportional to the level of severity or its prognosis and is necessary for the prevention and elimination of imminent threats to life, human health, the environment, material and cultural values or important property. “
It is worth mentioning that a new concept appears, that of operational coordination, which is defined: “all the measures and actions taken by decision-makers before and during the management of an emergency, to organize the intervention and use the capacities available in – a unitary conception, to achieve the established objectives ”.
This means that under the concept of “operational coordination”, the National Committee for Emergency Situations can take any decision to achieve “an established objective”, that is, to prevent the spread of the new coronavirus in the current situation. Then Ludovic Orban, the head of this committee, can order measures.
Again, a novelty is that the alert state is declared for 30 days. But it’s not just that: Today’s new ordinance says that the state of alert can be extended for another 30 days when necessary. This alert does not have to last 30 days: the situation can end before the deadline if there is no risk.
If we look at the state of emergency bill passed by Parliament yesterday, we notice one inadvertence: on the form sent to Klaus Iohannis for enactment, it is written that the state of alert is set for a maximum of 60 days.
Marcel Vela also has new powers through this ordinance in Bucharest. The Capital Emergency Committee can declare a state of alert at the Bucharest level only with the consent of the Minister of the Interior.
In turn, Ludovic Orban must consent to the declaration and termination of the state of alert at the county level, an aspect already mentioned in the well-known ordinance. However, the novelty is that the Prime Minister can also extend this state of alert. Specifically, Orban can declare alertness as many times as necessary.
Another additional paragraph is the one that says that in risk communities the emergency committees decide what measures can be taken to reduce that risk. The ordinance says “resilience” must be guaranteed. For example, a community where there was a risk of an outbreak was Ţăndărei.
Another important aspect is that the measures applied in the state of alert are reassessed on the basis of the Constitution (Article 93 – Exceptional Measures) to analyze whether a state of emergency is required again.
Basically, it is a legal vacuum to apply today’s warning from President Klaus Iohannis: “If the situation worsens and the data shows a rampant number of infections, leading to overcrowding of hospitals, I will not hesitate to re-declare a state of emergency”. speed up!”.
Another modified article is that the decisions of the emergency committees are binding on the recipients. Another article is that DSU operationally informs the Home Secretary, Prime Minister and Klaus Iohannis when there are potential emergency situations.
It is worth mentioning that the ESD was until now subordinate to the Ministry of the Interior. The ordinance modifies Law 481/2004 on civil protection, more precisely article 7, which once amended, says that the ESD (led by Raed Arafat) coordinates in the field of civil protection. Initially, this coordination was done by IGSU, through county inspections.
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