What can the President and the Government do to protect you on weekends?

One thing is for sure. The state of emergency will end Thursday night, and authorities want to transition to the state of alert.

At this time, a bill to establish the state of alert is in the debates of the Chamber of Deputies, and will be voted until the end of the day. Respecting the procedural deadlines and assuming that the document will not be contested in the Constitutional Court (CCR), it will come to promulgation on Friday and later in the Official Gazette.

Under the Constitution, any law takes effect at least three days after its publication, not before that, as proposed by an amendment adopted today in the Chamber of Deputies.

“There is a shameful amendment, which proposes that the law enter into force at the time of its publication in the Official Gazette. Such form is unconstitutional, Article 78 of the Constitution establishes that the law enters into force 3 days after publication in the Official Gazette. or at a later date and in no earlier way, as proposed in that amendment, “said Vlad Soare, lawyer and law professor.

The specialist contacted by MEDIAFAX also presents the three options available for the authorities to regulate the period from May 15 to 17, that is, the three days of the weekend that pose serious problems of interpretation and application of the law.

In a first variant, the decision made today by the RCC must be taken into account, according to which GEO does not. 21/2004, that is, the normative act that regulates the state of alert, is constitutional, with the mention that through the ordinance the rights and freedoms of citizens cannot be restricted.

“The JRC decisions take effect from the moment of their publication in the Official Gazette. Therefore, GEO 21/2004 produces effects in the form in which it is currently regulated, until the moment of the publication of the JRC decision in the Official Gazette. Under these conditions, the authorities assume the situation. Of course, these measures may be challenged in the courts and the interested parties may win the case, but until the publication of the CCR decision, the measures can be taken “, Vlad Soare explains.

In a second case, the authorities can take restrictive measures by adopting an emergency ordinance that declares a state of alert. The specialist points out that, in this case, the GEO comes into force at the time of its publication in the Official Gazette, and it will take effect immediately (unlike a law).

“Of course, this GEO will likely be declared unconstitutional since the RCC has a jurisprudence (with which a large part of the doctrine of constitutional law disagrees) that states that rights can only be restricted by law. There are many arguments for which it is not a correct interpretation, but most likely, if notified, it will declare such an ordinance unconstitutional.However, until notification, the pronouncement of a decision and the publication of the decision in the Official Gazette, the ordinance would produce effects, “explains Vlad Soare.

The third option would be for President Iohannis to establish a new state of emergency. As has already happened on two occasions, the state of emergency must be presented to Parliament for approval within five days, but the head of state will have the opportunity to take certain restrictive measures during this period.

It remains to be seen which of the options will be used by the authorities and, at the same time, what will be the final form of the draft law establishing the state of alert. He was promoted by the government on Monday and underwent major changes in the Senate on Tuesday. At the end of the day, the Chamber of Deputies, as the decision-making body, must establish and vote on the final form of the document, which will be sent for enactment to the country’s president.