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If the RCC rejects the 2004 emergency ordinance (GEO 21/2004), starting on Friday, the pandemic will find us in a legislative desert: there will be no law, emergency ordinance or military ordinance. Every citizen will govern himself. A kind of Swedish model, but implemented in Romanian.
Alertness is regulated by an emergency ordinance adopted by the Nastase government in 2004. The parents of the ordinance were Ion Rus (Minister of the Interior), Gabriel Oprea (Minister of Administration) and Dan Ioan Popescu (Minister of Economy) . The emergency ordinance of the time of Adrian Năstase (GEO 21/2004) was questioned in the Constitutional Court just a few days ago by the Ombudsman, Renate Weber, a former ALDE MEP. So after 16 years, we find out if it’s constitutional or not.
According to sources at the Victoria Palace, the Orban government hopes that the ordinance will be rejected by the RCC. If GEO 21/2004 falls before the Court, as the entire political class expects, the Orban government remains without a legal basis to impose a state of alert. So on Thursday night, the state of emergency expires, and on Friday there is a legislative gap. Basically, Romania returns to normal, taking advantage of the lack of a law. In desperation, the Executive sent Parliament a bill on Monday detailing the measures of the state of alert. In other words, the government signed into law the 2004 emergency ordinance, with some additions.
No restrictions until Monday.
However, from a legal point of view, it is impossible for the government’s initiative to become law until Thursday night, when the presidential decree on the state of emergency expires. Hacked by PSD, the bill passed to the Senate on Tuesday, and on Wednesday it will be quickly adopted by the Chamber of Deputies, the decision-making forum. But any bill, after its passage, must remain in Parliament for two more days, during which time a political party can notify the RCC. The state of emergency law will certainly not be challenged in court, but the two-day deadline must be respected. There are no exceptions
Therefore, the law adopted on Wednesday will be sent to Cotroceni on Friday for enactment. Exactly the first day of “parole”. The president will immediately sign the decree and the law will reach the Official Gazette. But here too there is a temporary barrier. According to the Constitution, any law comes into force three days after its publication in the Official Gazette. There are no exceptions. Therefore, the state of emergency law will take effect no later than next Monday. What happens from Friday to Monday? “It just came to our attention then. If the 2004 GEO fails the RCC, there will be no legal alert on Friday. The law passed by Parliament should have appeared in the Official Gazette no later than Monday night. So the deadline It has already been overcome, “explains lawyer Elenina Nicuţ.
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