State of alert

State of emergency

What is it?
It involves the immediate implementation of action, plans and measures to prevent, warn the population, limit and eliminate the consequences of the emergency situation (ie exceptional, non-military events that threaten the life or health of the person – the pandemic in this case)  

Exceptional political, economic and public policy measures that are instituted in cases caused by serious dangers (the pandemic was not explicitly mentioned)

Who declares it ?
It is declared by the National Committee for Special Emergency Situations with the approval of the Prime Minister. It is established by the President by decree.
On what period ?
There is no time limit, it can be extended as needed. It can be declared for a maximum of 30 days with the possibility of extension.
What are the measures ?
The law (GEO 21/2004) stipulates that any measures, necessary to remove the force majeure, can be taken but that they must be proportionate to the situations that determined them. Other types of measures concern the warning of the population, the granting of emergency aid, the granting of compensations to legal and natural persons. Restrictions on fundamental rights. Measures for the implementation of the plans approved by the founding decree; closing the state border, requisitioning goods; the temporary closure of petrol stations, restaurants, cafes, clubs, casinos, association headquarters and other public places; food rationalization
Restriction of fundamental rights and liberties
It is not expressly mentioned in the Emergency Ordinance 21/2004. It is forbidden if not made through normative acts with the force of law. It is expressly mentioned in the Emergency Ordinance 1/1999 which regulates the state of emergency.
Measure form
Those that do not concern the restrictions of fundamental rights and freedoms are established through regulations, plans, programs or in operative documents approved by decisions, orders or dispositions.

The measures are established by Decree, by Military Ordinances or ministerial orders.

Authors

  • Lawyer specialised in Employment law matters: • transfer of personnel, • collective and individual dismissals and termination of employment agreements, • restructuring, • TUPE issues, • drafting and implementation of HR policies.

  • Excellent background expertise in the commercial and public procurement practice • Involved in competition matters related to investigations in the energy sector.