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The Bucharest Court of Appeal ruled in the case of an action brought by a Constanta lawyer against the Department of Emergency Situations (DSU), to clarify the obligation to wear masks in open spaces. The Court of Appeal ruled that the article on the obligation to wear a mask in open spaces is illegal, he notes. focuspress.ro.
The lawyer Minodora Ion asked the aforementioned institution to make available to the court all the documentation that served as the basis for issuing the last two quarantine orders for the municipality of Constanza, under the penalty of a fine. According to the lawyer, if the court rules in their favor, a precedent will be set, and DSU and other institutions will no longer be able to force the population to wear masks in open spaces.
MINUTE:
“It admits the exception of the lack of passive procedural quality of the accused National Committee for Emergency Situations – Ministry of the Interior. It rejects the action filed against the accused National Committee for Emergency Situations – Ministry of the Interior, for filing against a person without passive procedural capacity. It admits the exception of the delay of the initial summons. It rejects the initial summons, in the late form formulated. It admits the complementary request. Partially cancels the provisions of art. 4 point 15 of the Order of the Head of the Department of Emergency Situations no. 4660427 of 12.17.2020, published in Official Gazette no. 1257 of December 18, 2020, regarding the establishment of the obligation to wear a protective mask in open spaces, in the sense of removing the phrase “… and open.” With an appeal within a maximum of two days from communication, the request for appeal will be submitted to the Bucharest Court of Appeal – Section IX of Administrative and Tax Litigation.
A possible maintenance of the solution in the appeal would eliminate the obligation to wear a mask in open spaces in Constanța and could set a precedent that would lead to other decisions of this type in the rest of the country.
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