Constitutional
\nCourt judges ruled on Thursday that isolation at home, quarantine and
\nhospitalisation cannot be imposed based on ministerial order, even if the
\npersons in question are infected with the novel coronavirus. They say these
\nmeasures are restricting individual rights and freedoms and that imposing
\nrestrictive measures can only be established by a law that clearly regulates them.
\nThe ruling of the Constitutional Court comes after a complaint by the Ombudsman
\nreferring to some provisions of a law on healthcare reform from 2006 and the government
\nemergency order on measures to prevent and combat the effects of the Covid-19
\npandemic.<\/p>\n
<\/p>\n
\n
\n
\n
<\/p>\n
Prime minister Ludovic Orban says the persons
\nwho find themselves in the situations covered by the Court’s ruling will not,
\nhowever, be able to leave isolation or quarantine or ask the state for
\ncompensation neither before nor after the Court publishes the justification of
\nits ruling in the Official Gazette. Ludovic Orban:<\/p>\n
<\/p>\n
\n
\n
\n
<\/p>\n
There
\nis currently a law adopted by Parliament, law no. 55, which establishes the
\nlegitimacy of this measure. I don’t understand why the Constitutional Court
\nprefers to look at a ministerial order or an emergency order adopted earlier
\nrather than at the legal basis for the state of emergency, the presidential
\ndecree and the Parliament’s approval of these measures. Where would Romania be
\ntoday if we hadn’t been able to protect people’s health by isolating those who
\nhad come into contact with people who had tested positive or by isolating or
\nquarantining persons arriving from areas with high infection levels?<\/p>\n
<\/p>\n
\n
\n
\n
<\/p>\n
The Social
\nDemocratic Party in opposition says the government must urgently come up with a
\nbill to clearly regulate the conditions for quarantine, isolation and hospitalisation.
\nThe interim Senate speaker and member of the Social Democratic Party Robert
\nCazanciuc says the people who had to suffer may start filing complaints in the courts:<\/p>\n
<\/p>\n
\n
\n
\n
<\/p>\n
They
\nhave kept asymptomatic persons in hospital for weeks, while chronic patients
\nwere deprived of vital treatment. They imposed quarantine by ministerial order
\nalthough they were well aware that a law was needed for this. It was the
\ngovernment’s responsibility from the very beginning. It’s the government’s duty
\nto repair this abuse as soon as possible. <\/p>\n
<\/p>\n
\n
\n
\n
<\/p>\n
The
\nConstitutional Court also ruled in favour of the government, who did not submit
\nthe extension to the state of alert to Parliament in mid-June. The Court says
\nParliament does not have the right to validate or reject by vote a government
\ndecision on the declaration of the state of alert because such a move would
\naffect the principle of the separation of powers. <\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
An arbiter disliked by many, the Constitutional Court of Romania has issued a new implacable ruling.<\/p>\n","protected":false},"author":105,"featured_media":84996,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[37738],"tags":[31651,35383,32006],"coauthors":[],"class_list":["post-86206","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-today-in-the-news","tag-court","tag-quarantine","tag-ruling"],"acf":[],"yoast_head":"\n