CCR: State of alert can be enforced and extended without the Parliament’s consent. Quarantine and isolation cannot be imposed by order

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The Constitutional Court of Romania (CCR) has ruled on Thursday that there is no need for the Parliament’s green light to enforce or extend the state of alert. On the other hand, the constitutional judges established that isolation or quarantine measures cannot be taken by minister’s order.

The Ombudsman has referred the articles in the law on the state of alert to the Constitutional Court in early June, arguing that the fines and offenses imposed for breaking the law are not legal. The Ombudsman has also challenged the article through the Parliament is giving its go-ahead for the state of alert imposed through government resolution.

Ombudsman Renate Weber claims that, by the Parliament’s approving a government resolution, the principle of separation of powers is violated.

She also considers that “by introducing a new form of parliamentary control over the Government’s actions”, the Parliament “has converted the traditional legal nature of administrative legislative act of the government resolution into a political document” that is exclusively targeting the constitutional relation between Parliament and Government”.

Few days ago, the Liberal Party filed a request to dismiss Ombudsman Renate Weber, accusing her of exceeding her legal powers.

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