CCR says art. 4 provisions of OUG on state of alert are constitutional (official)

The Constitutional Court of Romania (CCR) established on Wednesday that the provisions of article 4 of the Government Emergency Ordinance are constitutional "to the extent to which the actions and measures ordered during the state of alert are not aimed at restricting the exercise of some rights".

According to a CCR release on Wednesday, the Plenary of the Constitutional Court debated the unconstitutionality exception of provisions of article 2 letter f) and article 4 of Government Emergency Ordinance (OUG) No. 21/2004 regarding the National System of Emergency Situations Management, an exception raised by the Ombudsperson.

Following deliberations, the CCR, "by a majority of votes, admitted the unconstitutionality exception and found that the provisions of article 4 of Government Emergency Ordinance No. 21/2004 regarding the National System of Emergency Situations Management are constitutional to the extent to which the actions and measures ordered during the state of alert are not aimed at restricting the exercise of some fundamental rights and freedoms," the release mentions.

Furthermore, the quoted source mentions that constitutional judges unanimously rejected the unconstitutionality exception and established that the provisions of article 2 letter f) of OUG No.21/2004 are constitutional in relation to the criticism expressed.

"In the substantiation of the ruling, the Court, similarly to the considerations which Decision No.152 of 6 May on the state of emergency was based on, decided that the normative act restricting / affecting the fundamental rights and freedoms of citizens or the fundamental institutions of the state falls within the scope of the interdiction provided by article 115 paragraph (6) of the Constitution, so that, observing the constitutional framework resulting from the revision of the Fundamental Law from 2003, a regulation with such an object can only be a law, as a formal act of Parliament," the CCR mentions.

The decision is final and generally binding, and is communicated to the two Chambers of Parliament, the Government and the Ombudsperson.