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The Iași Court ruled Thursday that the County Emergency Committee’s decision suspending face-to-face school courses in Iai was illegal. The judges partially annulled the decision of November 4 by which the county authorities established that the students of the municipality would take the courses only online, the decision was not final. The lawsuit was started by the Association of Private Schools.
The Association of Private Schools together with the affiliated school units of Iași asked the court to partially annul Decision No. 76 / 04.11.2020 of the Committee for Emergency Situations of Iași and to cancel the articles that provide for the suspension of face-to-face teaching activities in educational units.
The Iași Court, Civil Section II – Administrative and Tax Litigation, admitted the request for the invalidity of articles 8 and 9 of the resolution. The court thus admitted as illegal the provision suspending face-to-face teaching activities in educational units in Iași.
The Iași Tribunal’s decision is not final and does not produce direct effects, because the judges did not agree to the suspension of the two articles until a final decision. As a result of that decision of the Provincial Committee, a ministerial order was issued by which face-to-face courses were suspended throughout the country, as of November 9.
- “Partially annuls Decision No. 76 / 04.11.2020 of the Iaşi County Emergency Situations Committee, respectively the provisions of art. 8 and art. 9 of the decision. Rejects the request for suspension of execution of the articles 8 and 9 of Decision No. 76 / 04.11.2020 of the Iaşi County Committee on Emergency Situations Notes that the plaintiffs did not request legal costs, with the right to appeal, which are presented to the Iaşi Court, within 5 days after to the communication on the solution of the suspension request, respectively 15 days from the communication on the solution of the cancellation request ”, is the minutes of the court, published by Ziarul de Iași.
The Association of Private Schools announced this Thursday that the first term will take place on November 25 in the process in which it also requested the annulment of the provisions of the ministerial order and the decision of the National Committee for Emergency Situations to suspend face-to-face courses in all schools. from Romania.
“We understand to contribute to the improvement of the epidemiological situation in our country, we understand that the measure of suspending courses in person is a measure that is necessary in certain situations but we do not understand why such a measure is adopted without a serious analysis, why a Perhaps the Children from kindergartens, elementary and lower secondary schools could have come to school, perhaps schools in low incidence areas could have worked. putting education in its rightful place in Romanian society ”, says Christian Comșa, president of the Association of Private Schools, quoted in a press release.
Arguments from the previous complaints filed in court by the Association of Private Schools:
- “1. The decisions of the Emergency Committees will be illegal, unnecessary and disproportionate, discriminatory and unreasonable.
- 2. Since the judgments restrict the right to education guaranteed by the Constitution and international law, this right can only be restricted in accordance with constitutional provisions: it must be provided by law (a), be necessary in a democratic society ( b), will be proportional to the intended purpose (c) and will not be applied in a discriminatory manner. None of these conditions are met.
- 3. The measure to close all educational units is not foreseen by law. The constitutional provisions of art. 53 are unequivocal: the exercise of certain rights or freedoms can only be restricted by law. Government decisions and ministerial orders cannot be considered laws in the sense of art. 53 allowing the restriction of fundamental rights. Art. 38 (1) Law no. 55/2020 (the only organic law invoked as the basis for the decision) establishes the following – During the alert, teaching activities that require the physical presence of preschoolers, preschoolers and students in schools may be suspended, at the proposal of the board of directors of the Unit. pre-university education
- 4. The suspension of courses that involve the physical presence of children can only be carried out individually in relation to each educational unit at the request of the board of directors and provided that the disease conditions are met in the case of one or more groups, or lessons.
- 5. The closure of educational institutions is not necessary in a democratic society to protect public health.
- 6. It was ordered to take the most drastic measure possible without being supported by reference to the existence of community transmission and the number of outbreaks in the local schools, but also other risk criteria, as required by the Common Order. On the other hand, the technical criterion was strictly used, represented by the cumulative incidence rate with Covid-19 diseases, the fulfillment of which does not imply the mandatory measurement of the transition of all educational units in operation scenario 3.
- 7. In fact, the World Health Organization stated in a Guide of September 14, 2020 that:
- From a public health perspective, the decision to close or reopen schools should be guided by a risk-based approach, taking into account the local epidemiology of COVID19, the ability of educational institutions to adapt their system to operate safely. ; the impact of school closings on educational losses, equity, general health, and well-being of children; and the variety of other public health measures implemented outside of school. Decisions about full or partial closure or reopening should be made at the local administrative level, based on the local level of SARS-CoV-2 transmission and local risk assessment, and to what extent the reopening of educational settings could increase community transmission. Closure of educational facilities should only be considered when there are no other alternatives.
- Based on the best available data, COVID-19 appears to have a limited direct burden on children’s health, accounting for approximately 8.5% of reported cases globally and very few deaths (see box on COVID-19 Research in children and children). schools on page
- 8). On the contrary, school closings have a clear negative impact on children’s health, education and development, family income, and the overall economy. National and local governments should consider prioritizing continuity of education by investing in comprehensive multi-level measures to prevent the introduction and further spread of SARS-CoV-2 in educational settings, while limiting transmission to the community in general.
- 8. The issuer of the documents is the one who should have justified the timeliness and legality of this measure, as well as mention the criteria underlying the proportionality test in the interference of children’s right to education ”.
