August 29, 2021
We Continue with Article 2 of the Sovereignty Act
“Article 2
Article 4 of Emergency Ordinance no. 1/1999 on the regime of the state of siege and the regime of the state of emergency, published in the Official Gazette no. 22 of 21 January 1999, as subsequently supplemented and amended, is amended and shall have the following content:
‘For the duration of the state of siege or of the state of emergency, the exercise of certain fundamental rights and freedoms may be restricted only in so far as the situation requires it and in observance of art. 53 of the Constitution of Romania, republished, with the exception of the human rights and fundamental freedoms provided for in art. 32, and of those enshrined in the Constitution in articles 21 — Free access to justice, 22 — The right to life and to physical and psychic integrity, 23 — Individual liberty, 24 — The right to defence, 26 — Intimate, family and private life, 28 — The secrecy of correspondence, 29 — Freedom of conscience, 30 — Freedom of expression, 31 — The right to information, 34 — The right to the protection of health and 35 — The right to a healthy environment, 40 — The right of association, 42 — The prohibition of forced labour, 44 — The right to private property, 45 — Economic freedom, 46 — The right of inheritance, 47 — The standard of living, 48 — The family, 49 — The protection of children and young people, 50 — The protection of persons with disabilities, 51 — The right of petition.’”
Explanatory Memorandum:
“Article 2 amends, in the sense described above, Emergency Ordinance 1/1999, eliminating the possibility of restricting the exercise of fundamental rights during the state of siege and the state of emergency. Account was taken of the fact that no situation, however exceptional, can justify the restriction of rights inherent in the human condition and in the quality of citizen — a fact confirmed by the wording of art. 15 of the Constitution: ‘(1) Citizens enjoy the rights and freedoms enshrined in the Constitution and in other laws and have the obligations provided for therein.’ Thus, the Right to life and to physical and psychic integrity, the Right to defence, the Right to free movement, the Right to intimate, family and private life, to the Inviolability of the home, to freedom of conscience or to freedom of expression may not be limited for any reason, their restriction being unable to have as its hypothetical purpose the emerging from an exceptional situation, but rather the deepening of a state of abnormality.”
TO BE CONTINUED.
Postscript:
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