Ombudsman raises plea of unconstitutionality against law instating public health measures in situations of epidemiological risk

The Ombudsman raised a plea of unconstitutionality against certain provisions of the law instating public health measures in situations of epidemiological risk. "The phrase 'within 5 days from the date of the publication of the administrative act' included in Article 15 paragraph 4 of Law No. 136/2020 on the establishment of public health measures in situations of epidemiological and biological risk (...) as amended by Article I of the Government's Emergency Ordinance No. 63/2021 prejudices the provisions of Article 21, Article 52 and Article 126 paragraph (6) of the Constitution," reads the objection of constitutionality. According to the Ombudsman, setting a term for challenging the legality of the regulatory administrative acts regarding the establishment, modification or cessation of the measures set forth by Law No. 136/2020 runs counter to the constitutional provisions that guarantee the judicial control of the administrative acts of the public authorities by way of administrative litigation, as well as to the provisions that enshrine free access to justice. "The existence of an epidemiological and biological risk situation for the prevention of the introduction and limitation of the spread of infectious diseases on Romania's territory cannot be the ground for restricting free access to justice by the imposition of excessive conditions, in such a way that the temporary restraint turns into an absolute prohibition to exercise the right to file a lawsuit," the Ombudsman argues.AGERPRES(RO - author: Iulia Carciog, editor: Antonia Nita; EN - author: Simona Klodnischi, editor: Maria Voican)