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The Senate Legal Commission, controlled by the PSD, amended the Government’s bill on the establishment of measures for the alert period. Senators introduced into the law the obligation to establish a state of alert to be approved also by Parliament. The Health Minister can no longer fire hospital heads under the subordination of city councils or county councils, and during the state of alert, public procurement can no longer be done through direct negotiation, without prior publication of the announcement.
UPDATE 21:00 The bill, which has undergone a number of essential changes, passed the vote in the plenary session of the Senate on Tuesday night and will be presented to the Chamber of Deputies, which is the decision-making body.
Amendments made by legal senators, drafted in the commission’s report, put to the vote of the Senate:
-An amendment tabled by PSD Senator Robert Cazanciuc, adopted by the Senate Legal Affairs Committee, removes from the government law all proposed measures for the isolation, quarantine, prohibition of movement of people and vehicles in places and, whenever appropriate, within established time intervals, restriction or prohibition. Organization and celebration of demonstrations, demonstrations, processions, concerts or other type of meetings, in open spaces, as well as meetings of the nature of cultural, scientific, artistic, religious, sports or entertainment activities, indoors.
The senators of the PSD affirm that they eliminated all the respective provisions because the proposals made by the Government modified the Emergency Ordinance that regulates the state of alert, GEO has already contested in the Constitutional Court, the judges of CCR will pronounce on Thursday on the constitutionality.
What are the items removed in the Senate?
“2. The measures to increase response capacity will be:
- the acquisition of goods and services of immediate need in the management of the emergency situation for which the state of alert has been declared, through negotiation without prior publication;
- complementing, redistributing to the affected areas, the technique, equipment and devices necessary for response actions;
- the service commission in the national territory, in the affected areas, of personnel with the appropriate skills to handle the emergency situation;
- operational coordination of public services;
- adapt the work schedule or perpetuate the activity of social assistance services;
- permanence of the activity of some operational centers for emergency situations with temporary activity.
3. The measures to guarantee the resilience of the communities will be:
- temporary evacuation of people and property from the affected or possibly affected area;
- provide basic assistance to affected people and animals;
- carry out works for the emergency modification of the environment and infrastructure, established by the intervention forces to stop or limit the effects of the emergency situation;
- measures to protect life and limit the effects of the type of risk on people’s health, including quarantine or isolation in the home;
(4) The measures to reduce the impact of the type of risk are:
- restrict or prohibit the organization and holding of demonstrations, demonstrations, processions, concerts or other types of meetings, in open spaces, as well as meetings of a cultural, scientific, artistic, religious, sporting or entertainment nature, indoors;
- restrict or prohibit the movement of people and vehicles in the places and, when appropriate, within the established time intervals;
- the prohibition to leave the areas and, when appropriate, within the established time intervals or the quarantine of buildings, localities or geographic areas;
- restrict or prohibit traffic by road, rail, sea, river, air or metro on the routes and, when appropriate, within the established time intervals;
- temporary closure of some state border points;
- limitation or suspension for a fixed period of activity of some institutions or economic operators;
- partial or total demolition of some constructions, facilities or arrangements, transfer / dismantling of some goods / mobile means;
- controlled flooding of land, crops, plantations or forests, regardless of the form of property;
- participation of citizens and economic operators in some activities for the benefit of local communities.
Other changes made by senators:
-The government establishes a state of alert, by decision, at the proposal of the Minister of the Interior, and submits to Parliament for approval within 5 days. If Parliament rejects the request, the state of emergency will cease immediately.
-The validity of the documents extends for the alert period and 90 days later.
–During the alert state, the terraces can be opened in accordance with sanitary protection measures.
-The measures that provide for the opening of shops with access to the street, hairdressers and dental offices are maintained. However, the Senate stipulates the obligation of merchants to provide masks to both staff and customers.
– The Minister of Health can no longer appoint, suspend from office and release people who occupy managerial positions in health units subordinate to city councils and county councils. According to the amendment approved in the legal commission, the Minister of Health only coordinates the activities of prevention and fight against the effects of the COVID-19 pandemic and the operation of the health units.
-Hospital managers or other heads of institutions can be suspended from their positions, only if the non-fulfillment of their functions is related to the COVID-19 crisis, and the suspension ends immediately after the alert state ends.
-Public institutions can hire personnel without competition only during the alert state.
– The article that provides for the possibility that the employment relationship of public officials is terminated without their consent has been removed.
-The authorities are obliged to order protective measures for Romanian employees working abroad.
–The CNSSU (National Committee for Emergency Situations) will have a reduced role, being the body that proposes measures, not the one that orders them.
-Bachelor, Master or PhD theses can be taken online.
-During alertness, local or county authorities can financially support sports clubs.
– The Senate eliminated the provisions through which public purchases of goods and services of immediate need could be made in the management of the emergency situation for which the state of alert is imposed, through direct negotiation without publication.
Senators vote on the bill, with the first chamber being notified. The Chamber of Deputies is the decision-making chamber.
