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This is because there is no legal framework for restricting fundamental rights until the law regulating the state of alert in the territory of Romania comes into force, a law that was promulgated this morning by President Iohannis.
But now it must be published in the Official Gazette and can enter into force the earliest Monday, because the Constitution establishes that no law enters into force before 3 days after its appearance in the Mof (Art. 78).
“As of today, the Romanian government has declared a state of insanity,” Stelian Ion said in a post on her Facebook account.
He explained that a constitutional solution would have been to extend the state of emergency for another three days.
“Have legal and constitutional means to handle the crisis: the President could extend the state of emergency for another 3 days, until the law we voted yesterday in Parliament comes into force, but clean his feet with the Basic Law that requires the restriction of fundamental rights is done only by law, that means being really arrogant, incompetent and irresponsible!
I receive dozens of phone calls, countless messages, because the world no longer understands anything the government is doing. I don’t understand not because they are stupid, but because we are in chaos and because some people are playing hard and making fun of our lives.
The declaration of the state of alert by which fundamental rights are restricted is unconstitutional, it is a mockery, “is also shown in the post of the deputy of the URS.
President Klaus Iohannis promulgated, on Friday morning, the law regulating the state of alert in the Romanian territory.
Now, it must be published in the Official Gazette and can enter into force on the earliest Monday, because the Constitution establishes that no law enters into force before 3 days after its appearance in Mof (Art. 78).
However, Romania is on alert as of tonight, which was declared by the National Committee for Emergency Situations, after the state of emergency expired.
During these three days, sanctions cannot be applied in case of non-compliance with the new regulations. And this is because the CCR declared the GEO that regulates the state of constitutional alert, but insofar as “the actions and measures ordered are not intended to restrict the exercise of certain rights,” which can only be approved by the Parliament.
This means that only once the law enacted today by Iohannis comes into effect can sanctions be applied.
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