State of emergency in Romania for 30 days

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Considering the evolution of the international epidemiological situation caused by the spread of SARS-CoV-2 coronavirus in more than 150 countries, in which about 160,000 people were infected and over 5,800 died, as well as the declaration of the “Pandemic” by the World Organization. Health, on 11.03.2020.

Taking into account the experience of the countries seriously affected by the evolution of the virus and the measures that had a positive impact in limiting its spread and aimed at actions in the public health plan, concomitant with the limitation or interruption of non-essential socio-economic activities, but especially the restriction of the exercise of rights and fundamental freedoms, without which the other actions could not have had the expected effect.

In the context of the measures adopted at the level of the European states, mainly the neighboring ones, but also those with large communities of Romanian citizens, out of which 12 states have adopted special measures by establishing exceptional states to prevent the spread of the infection in the community.

Noting the evolution of the epidemiological situation in the territory of Romania and the assessment of the public health risk for the next period, which indicates a massive increase in the number of people infected with SARS-CoV-2 coronavirus.

Considering that the failure to take urgent measures, with an exceptional character, in the social and economic field, to limit the infection with SARS-CoV-2 coronavirus among the population would have a particularly serious impact, mainly on the right to life and, in the subsidiary, on the right to health of persons.

Emphasizing the need to establish a state of emergency to mitigate the negative effects on the economy caused by the measures taken at the national and international levels to combat the spread of SARS-CoV-2 coronavirus.

Considering that the above-mentioned elements define an exceptional context which could not be foreseen, which concerns the general public interest and which constitutes an extraordinary situation, which requires exceptional measures.

Bearing in mind that the restriction of the exercise of rights should not affect their substance, but must pursue a legitimate purpose, be necessary for a democratic society and be proportionate to the purpose pursued,

Seeing the CSAT Decision no. 30/2020 regarding the necessity of establishing the state of emergency and the action plan when establishing the state of emergency,

Having regard to the Government’s proposal to establish a state of emergency,

Under the provisions of art. 93 paragraph (1), of art. 100 of the Constitution of Romania, republished and of art. 3 and art. 10 of the Government Emergency Ordinance no. 1/1999 regarding the regime of the state of siege and the regime of the state of emergency, approved with modifications and completions by Law no. 453/2004, as subsequently amended and supplemented,

The President of Romania decrees:

– The state of emergency is established throughout Romania, for 30 days.
– To prevent the spread of COVID-19 and to carry out the management of the consequences, about the evolution of the epidemiological situation, during the state of emergency, the exercise of the following rights is restricted, in proportion to the degree of fulfillment of the criteria provided by art. 4 paragraph (4):
Free circulation;
the right to intimate, family and private life;
inviolability of the home;
the right to education;
freedom of assembly;
the right of private property;
the right to strike;
economic freedom.

– For the purpose provided in art. 2 the first emergency measures with direct and immediate applicability stipulated in the annex no. 1.
– (1) For the purpose provided in art. 2 the first emergency measures with gradual applicability, set out in the annex no. 2.
(2) The first emergency measures with gradual applicability provided in points 1-7 of the annex no. 2 are disposed of by the Minister of Internal Affairs or his legal substitute, with the consent of the Prime Minister, by military order.

(3) The first emergency measures with gradual applicability, provided for in point 8 of annex no. 2, shall be ordered by the Ministry of Internal Affairs, by order of the Secretary of State, head of the Emergency Department or his legal substitute.

(4) The first emergency measures with gradual applicability are arranged according to par. (2) and (3) according to the assessment made by the National Committee for Emergency Situations, with the agreement of the Prime Minister, based on the following criteria:

the intensity of intra-community transmission of COVID-19;
frequency of occurrence of outbreaks in a geographical area;
number of critical patients related to the capacity of the healthcare system;
the capacity and continuity of providing social services and public utilities for the population;
the ability of public authorities to maintain and ensure measures of public order and safety;
the measures instituted by other states with an impact on Romania’s population or economic situation;
the ability to provide quarantine measures;
the emergence of other emergencies.
(5) The Ministry of Internal Affairs shall be in charge of the application of the measures established by the military ordinances or by the order provided in paragraph (3).

– (1) The integrated coordination of the medical response and civil protection measures to the emergency generated by COVID-19 is carried out by the Ministry of Internal Affairs, through the Department for Emergency Situations, in collaboration with the Ministry of Health and with the other institutions. involved according to the provisions of Government Decision no. 557/2016 regarding the management of risk types.
(2) The measures prepared for the prevention of COVID-19 as a result of the decisions of the National Committee for Special Emergency Situations are applicable and are published in the Official Gazette of Romania, Part I.

– The heads of the public authorities, of the other legal persons, as well as the natural persons, must respect and apply all the measures established by this decree and by the orders issued by the Minister of Internal Affairs.
– The institutions support the structures of the Ministry of Internal Affairs, at its request, in carrying out the missions, according to the legislation in force.
– This decree is published in the Official Gazette of Romania, Part I and enters into force on the date of its publication.
Art. 9. – This decree is transmitted to the Parliament to exercise the attribution provided by art. 93 paragraph (1) of the Constitution.

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