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With 111 votes in favor, 8 against and 15 abstentions, the bill on the state of alert was approved by the Senate with substantial amendments. On Wednesday, the legislative initiative enters the debate of the Chamber of Deputies, which is also the forum for decision-making in this case.
The amendment was proposed by Senator PSD Șerban Nicolae and adopted by the Legal Commission. The amendment states that alertness is established across the country and the measure is subject to Parliament’s approval.
The senators also presented the provision that the Parliament decides in a joint session of the Chamber of Deputies and the Senate, within three days from the date of the request for approval.
If Parliament rejects the request for approval, the alert will cease immediately. The provisions of this paragraph shall apply accordingly in the event of an extension of the state of alert.
Currently, the law stipulates that alertness is decided by the National Committee for Emergency Situations and stipulated by emergency ordinance.
In addition, legal senators removed a number of articles from the bill challenged by all political parties. These are the measures that regulate the activity of the public administration.
Other amendments introduced by the specialized committees:
- merchants are required to provide masks to both the person and the customers entering the store
- Art.3 – (1) During the alert state, the consumption of food products and alcoholic and non-alcoholic beverages can be suspended in the common dining rooms of restaurants, hotels, motels, pensions, cafeterias or other public places, both inside and outside. and on the terraces outside them.
- teleworking can be decided by the employer with the consent of the employee
- (2 Pe the duration of alertness can afford the preparation of food and the sale of food and alcoholic beverages that are not consumed in the spaces mentioned in par. (1), except the terraces where sanitary protection measures are observed.
- Art.2 – The measures established by this law include temporary and, as the case may be, gradual restrictions on the exercise of certain rights expressly provided for by this law and within the limits established by it.
- (21) The measures provided by this law can be established differently, according to the law, depending on the pandemic situation in each county, group of localities or locality in the county.
- The Minister of Health can no longer appoint, suspend his post and release people who occupy management 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.
- Art. 6 – During the alert state, vacant or temporarily vacant positions within the Ministry of Health and subordinate, coordinated and under the authority of the Ministry of Health, including public executive and management positions, may be filled by officials public or contracted staff, by appointment. , without competition The appointment is made by order of the Minister of Health and ceases by right on the date of cessation of the state of alert.
- Hospital managers or other heads of institutions can be suspended from office only if the failure to perform their duties is related to the COVID-19 crisis and the suspension ends immediately after the alert state ends.
- Art.7 – (1) During the state of alert, due to the serious breach of the attributions of the service that may endanger people and the measures to prevent and combat the effects of the COVID-19 pandemic, people with management within the Ministry of Health and in subordinate public health units, under the authority or under the coordination of the Ministry of Health.
- (2) The positions that have been temporarily vacant by applying the suspension provided in par. (1) may be occupied by officials or contracted personnel, by appointment, without competition, by order of the Minister of Health
- (3) The suspension of office ordered under the conditions of par. (1) and the quotation ordered under the conditions of par. (2) ceases by right when the state of emergency ceases.
The amended bill will enter the House of Representatives debate on Wednesday, which is also the decision-making forum in this case. Parliament’s management has announced that the draft alert will be adopted by deputies by Thursday.
The government’s proposed bill has drawn harsh criticism from the USR and PLUS, who have publicly warned that the proposed regulations favor politicization of the public administration.
USR lawmakers argue that the alert state “should not be used by the ruling party to politicize the public administration or to prepare for future electoral campaigns.”
“These provisions raise serious doubts about the constitutionality of the measures, which seem less thought out in the interest of citizens and more of the ruling party. Alertness should not be used by the ruling party to politicize public administration, nor to prepare its future electoral campaigns, “warns the USR.
And PLUS pointed out that many of the texts proposed in the Orban Government’s draft, which regulate the state of alert, the measures of mask, the limitations and prohibitions of the fundamental rights and freedoms that characterize a real state of emergency.
“The government has submitted to Parliament a bill that duplicates existing rules. Basically, in case of approval of the bill by Parliament and its entry into force, we will have two regulations applicable in parallel, which can lead to a state of legislative uncertainty and approaches “Such a situation may lead to the RCC finding a violation of the Constitution,” says PLUS, through a press release.
On Friday, May 15, the state of emergency expires and the Government sent the bill to Parliament on Monday night. Therefore, the bill is debated as a matter of urgency and by Thursday it must be adopted by the legislature and sent for enactment to President Klaus Iohannis.
Even so, the law will enter into force three days after its publication in the Official Gazette, on May 18. In this situation, the Orban Government is obliged to adopt another regulatory act to establish the state of alert in the Romanian territory. In this regard, the Government will meet again in a meeting on Thursday.
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