August 30, 2021
Article 3 of the Sovereignty Act Is Clear, Simple and Unequivocal
“Article 3
Law 55 of 15 May 2020 on certain measures for the prevention and combating of the effects of the COVID-19 pandemic, published in the Official Gazette of Romania, Part I, no. 396 of 15 May 2020, as subsequently amended and supplemented, is hereby repealed.”
Explanatory Memorandum:
In article 3, for the same reasons shown above, Law 55/2020 is repealed in its entirety, starting from the considerations set out by the Constitutional Court in Decision 457/2020. In the reasoning of that Decision the Constitutional Court held unequivocally that “To ‘construct’ by law a new institution — the ‘state of alert’, with a regime evidently less restrictive than the state of emergency regulated by the constituent legislator — but one which permits the circumvention of the constitutional framework governing legality, the separation of powers of the state, the conditions for restricting the exercise of certain rights and freedoms, runs counter to the general requirements of the rule of law, as enshrined by the Constitution of Romania.” In order to reach this conclusion, the Constitutional Court also held that “even in a state of public emergency, the fundamental principle of the rule of law must prevail. The rule of law consists of several aspects which are all of capital importance and must be maintained in an integral manner. These elements are the principle of legality, the separation of powers, the division of powers, human rights, the state’s monopoly on force, the public and independent administration of justice, the protection of privacy, the right to vote, freedom of access to political power, the democratic participation of citizens and their supervision of the decision-making process, decision-making, transparency of government, freedom of expression, association and assembly, the rights of minorities, as well as the majority rule in taking political decisions. The rule of law means that government agencies must operate within the law and their actions must be subject to review by independent courts. The legal certainty of persons must be guaranteed.” Not least, it is considered that the maintenance of a regulation of limited applicability as a consequence of an exceptional situation — the COVID-19 coronavirus pandemic situation — is no longer justified, all the more so since at the moment of formulating the present legislative proposal the World Health Organisation is on the point of declaring the passage from pandemic to a controllable endemic. In view of all these aspects, of the manifestly unconstitutional character of Law 55/2020, all produced by the state of pressure created by the pandemic situation in which this legal provision was adopted, and also of the necessity of resuming, under conditions of normality, the legislative process for the adoption of a norm of general applicability for pandemic, endemic and epidemiological situations, the only solution for the return to the state of legality and constitutionality — the sole modes of exercising national sovereignty — is the integral repeal of Law 55/2020.
TO BE CONTINUED.
Postscript:
If you agree with the principles promoted by the Sovereignty Law, sign up as a volunteer in the #ArmyOfSovereignty at http://VremSuveranitate.ro/ !
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