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CCR: A decision of Parliament regarding state of alert, unconstitutional

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The Constitutional Court of Romania (CCR) on Wednesday unanimously admitted a complaint made by 50 parliamentarians - unaffiliated deputies and members of Alliance for the Union of Romanians (AUR) and Social Democratic Party (PSD), regarding the unconstitutionality of a decision of Parliament through which amendments were made to Government Decision 394/2020 on the state of alert.

It is about the Decision of the Romanian Parliament 5/2020 for approving the state of alert and the measures established by Government Decision 394/2020 on the state of alert and the measures applied during it to prevent and combat the effects of the COVID-19 pandemic.

CCR explains, in a release sent on Wednesday, that, when pronouncing this decision, the judges took into account another decision of the Court from June 2020, by which it found the unconstitutionality of some articles from Law 55/2020 on the state of alert, Agerpres informs.

However, the Court stated that Government Decision 394/2020 on the state of alert and the measures applied during it to prevent and combat the effects of the COVID-19 pandemic continue to produce legal effects and remains in force in its wording unchanged by the provisions of the Romanian Parliament's Decision 5/2020.

This is because Government Decision 394/2020 is an independent normative act, on which the Constitutional Court does not have the competence to rule, being adopted in the execution of art. 4 paragraph (1) of Law no. 55/2020, and the present decision of the Court concerns exclusively the amendments and completions brought to it by the single article of the Decision of the Romanian Parliament 5/2020, reads the CCR release.

 

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