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President Klaus Iohannis announced on Monday that the state of emergency will not extend, and from May 15 we will be on alert in Romania.
“The state of emergency will not last. Thus, May 14 will be the last day that we still have a state of emergency in Romania. From May 15, to keep the epidemic under control, we will enter the call Be on the alert … we will be able to move within the locality where we have work, but without exaggeration. The trip must be made when necessary, but we will no longer be required to declare where we are going, “said the head of state.
The lawyer Codrin Ţarălungă explains that the alert status can be established in the event of an imminent appearance or triggering an emergency situation. Of course, the epidemic falls within the scope of the state of alert, like an emergency situation, indicating that the current state is “in full swing.”
According to GEO no. 21/2004, updated, the state of alert at the national level is declared by the National Committee for Emergency Situations “and refers to the immediate implementation of action plans and measures to prevent, warn the population, limit and eliminate the consequences emergency situation “.
Managing the emergency situation is governed by a number of principles, explains lawyer Codrin Ţarălungă, and one of them is the observance of human rights and fundamental freedoms.
As for the measures that can be taken within the state of alert, legally declared, GEO does not. 21/2004 stipulates that it is “any measure that is necessary to eliminate force majeure” and “must be proportional to the situations that determined it and applied in accordance with the conditions and limits established by law”.
In its initial form, GEO does not. 21/2004, provided that, during the state of alert, measures can be ordered to limit or restrict certain rights and freedoms of citizens, in accordance with the provisions of article 53 of the Constitution, but this regulation was subsequently eliminated, which it means that the authorities, including local authorities, cannot order measures aimed at possible restrictions on the rights and freedoms of citizens.
Therefore, once alertness is established, rights limitations or restrictions can only be imposed by adopting a normative act, such as an organic law.
“Therefore, as in the absence of a state of emergency, such restrictions (adopted by military ordinance) could no longer be adopted in a state of alert, it means that any limitation or restriction becomes (naturally) an exclusive possibility of the authority ” legislative, respectively of the Parliament “, explained Codrin Ţarălungă.
“Correlatively, when the state of emergency ceases, the applicability and measures ordered during the state of emergency will cease, including those related to the restrictions and limitations of the rights and freedoms of citizens,” added the specialist.
In conclusion, the establishment of a state of alert is, in theory, one of the possibilities available to the authorities, which could correlate the relaxation of restrictions during the state of emergency with the need to maintain state responsibility for emergency control and finally, eliminating the risks caused by the epidemic.
A state of emergency was established across the country on March 16, and President Iohannis extended it until May 14, inclusive.
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