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“On October 20, 2020, the Plenary of the Constitutional Court, in the control after the promulgation, with a unanimous vote regarding the provisions of art. 8 par. (3) – (9) and art. 19 par. (2) – (6) of Law No. 136/2020 on the establishment of measures in the field of public health in situations of epidemiological and biological risk and with a majority of votes with respect to the provisions of art. 19 paragraph (1) of the same law, rejected, as unfounded, the exception of unconstitutionality and found that the provisions of Article 8 paragraphs (3) – (9) with reference to the sentence>
In its notification, the Ombudsman’s Office stated that the provisions of the challenged law violate previous decisions issued by the RCC and also violate the norms of the ECHR. “The legislative solution regarding isolation in a health unit (…) is constitutional, only to the extent that this type of isolation is imposed as a measure of last resort, after all other measures have been complied with, less gravity exhausted. On the contrary, isolation in a sanitary unit or in an alternative place attached to the sanitary unit has as a consequence the failure of the legislator to comply with the decision of the CCR ”, said the Ombudsman, Renate Weber.
Renate Weber also affirmed: “Given the restrictive nature of the isolation measure in the health establishment or in the annexed place, the legislator must have regulated procedures and guarantees for all the parties involved, destined to make the law predictable.”
Regarding article 19 of Law No. 136/2020, it refers to the appointment of doctors in the event of a personnel crisis: “In case of a shortage of medical personnel found by the public health department or by the county inspection for situations emergency or the municipality of Bucharest, during the establishment of the measure in the field of public health, in situations of epidemiological and biological risk, medical, paramedical and specialized auxiliary personnel of the public system may be assigned with the consent of the person attached. for a maximum period of 30 days, by order of the Minister of Health, the head of the Department of Emergency Situations or the person he designates or, where appropriate, the head of the employing institution.
