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Lawyer Bogdan Bărbuceanu spoke about the effects of the court’s decision in the “Constanța” case. What is the truth?
“Decision of the Bucharest Court of Appeal annulling point 15 of article 4 of the order establishing the obligation to wear a mask, It will NOT take effect even if it is final. It’s a great deception. There is Government Decision n. 1065 of December 11, 2020 on the extension of the alert status in Romanian territory from December 14, 2020, which stipulates that the use of a mask is mandatory throughout Romania. Therefore, it is in force and also applies in Constanța, not being challenged in court.
However, the court’s motivation refers to the phrase contained in art. 4 pt.15 “closed and open spaces”, a phrase that is unclear and contrary to that of public space, used in the GD which is the basis for issuing the order. Open spaces are also patios, balconies, terraces, which can be private spaces, not public, also closed spaces can be private.
So, the court took into account this aspect and not the fact that it is illegal to wear the mask in public space, considering that point 15 of art. 4 of the order is interpretable, unclear and contrary to GD.
The decision is the correct one, but it will not change the current situation at all.“Explained the lawyer Bogdan Bărbuceanu.
The CAB decided on December 23 that the provisions of article 4, point 15 of the order that establishes the quarantine in Constanța should be partially annulled, more precisely the part related to the establishment of the obligation to wear a protective mask in open spaces, the problem being the phrase “and open”. Authorities have challenged the CAB’s decision and the HCCJ will make a decision on January 5, 2021.
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