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Thus, people with symptoms of an infectious disease for which the isolation measure has been established can challenge it within 24 hours from the moment they receive the decision of the public health direction, appears in a law published this Monday in the Official Gazette.
Law no. 210/2020 only modifies Law 136/2020, also known as the Quarantine and Isolation Law, in the sense that it introduces a maximum period for those who present symptoms of an infectious disease to challenge the isolation measure, which does not It exists in the current legislation on the matter.
More precisely, on Thursday, any person “who considers himself injured in a right or legitimate interest by an individual administrative act dictated in accordance with art. 8 par. (3) may file, within a maximum period of 24 hours from the date of communication of the decision of the public health department, action before the court in whose district he resides or resides or before the court in whose district the space or Health Unit. that she is isolated, requesting the nullity of the act ”.
The article mentioned in the previous paragraph – art. 8 par. (3) of the Quarantine and Isolation Law – establishes that the isolation of sick people with specific suggestive signs and symptoms or carriers of a disease, even if they do not present suggestive signs and symptoms, is carried out with the consent of the examined persons or, If they do not give their consent, based on the decision of the competent public health department, but not for more than 48 hours.
In these circumstances, namely, the existence of a period not exceeding 48 hours for isolation, it was necessary to establish a maximum period to challenge the isolation measure, which obviously should be less than the maximum period for isolation, so the court can give a verdict within 48 hours.
As it is written in the Law of Quarantine and Isolation, the sentence of the requests of those who do not agree with the isolation measure is carried out within 24 hours following the notification of the court.
Furthermore, in the explanatory memorandum that accompanied the normative act in the draft stage, it is clearly established that “the change will increase the effectiveness of the challenge mechanism of the individual administrative act, so that its resolution can be achieved by the court within 48 hours for which the measure provided for in article 8 paragraph (3) – isolation of sick people – ed. ”, Writes avocatnet.ro.
