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Save Romania Union (USR) cautioned in a press release on Tuesday that the Government's bill on the state of alert "favors the politicization of the public administration" and announced that it drew up a series of amendments, including on the termination, after six months, of the labour contracts of the persons employed without contest in public institutions.
"The bill includes controversial provisions that allow for the possibility to use the state of alert to politicize the public administration and to transform Romania into a coercive state. In the next period, which can last more than 6 months, the authorities not only may prohibit the organization and conduct of rallies in open spaces, the movement of persons and vehicles, the exit-entry from and into certain areas and certain time slots, but may limit or suspend the activity of institutions or economic operators or may decide to partially or completely demolish constructions, installations or facilities," reads the USR press release.
According to the same source, the "worst provision" in the bill eliminates the employment contests in public institutions during the state of alert, "people can be hired at will" for a fixed period of six months.
"In the absence of clear provisions, hiring could nonetheless be conducted on the last day of the state of alert. At the same time, the bill does not include an interdiction to extend these contracts later on or even to turn them into labour contracts for an indefinite period," shows the USR release.
According to the same source, "by derogation from the legislation" in force, appointments to public office or senior civil servant may be carried out without professional standards being met.
"This will open the way for the entry into the body of senior civil servants (prefect, deputy prefect, government inspector, secretary general) of people who were not previously civil servants, and the lack of contest will make it possible to over-politicize this body of officials. Theoretically, the duration of the contract is also limited to six months, but again, there is no ban on the extension or conversion into an employment agreement for an indefinite period," the Union added.
In addition, the draft stipulates that "the state will be able to forcibly send state employees on rest leave, it will be able to temporarily change their place and type of work", and in the case of civil servants in public administration it will be able to "unilaterally change their service report". According to the USR, such provisions "raise serious questions about the constitutionality of the measures, which seem to be less in the interests of the citizens and more in that of the governing party".
"The state of alert should not be used by the ruling party either to politicize the public administration or to prepare its future election campaigns, and USR has tabled, in this sense, an amendment to change Article 21 of the draft law sent by the Orban Government. The amendment stipulates that all labour contracts of persons employed without contest in public institutions and authorities shall cease by right, without exception, at the end of the six-month period and that no appointments may be made, by way of derogation from the law, to public office or senior civil servant," the document states.
On the other hand, USR considers that the draft law of the Orban Government is "incomplete", because it "lacks" "mandatory" economic and social measures, as well as provisions on contraventions, "and as such the PNL [National Liberal Party] parliamentarians themselves have tabled amendments in this regard". USR adds that it will also submit amendments aimed at economic recovery, the opening of tourism, resumption of sports and cultural activities.
