The High Court decided that the state of alert in Romania was illegally extended, and the green certificate was totally useless – Capital

The High Court decided that the state of alert in Romania was illegally extended, and the green certificate was totally useless – Capital
The High Court decided that the state of alert in Romania was illegally extended, and the green certificate was totally useless – Capital

The High Court of Cassation and Justice (ÎCCJ) decided that the state of alert in Romania was illegally extended and that facilitating access to various public events based on the green certificate was also illegal. The decision is final and came after challenging a similar decision issued in the first instance. This decision was contested by the Government and several non-governmental institutions.

The process was started against the Government, CNSU and MAI

The lawsuit initiated against the Government of Romania, the National Committee for Emergency Situations (CNSU) and the Ministry of Internal Affairs (MAI) was filed by lawyers Elena Corina Ciuchi and Dan Laurentiu Puiu. In this sense, the DSU and MAI appeal was rejected.

“Rejects the appeal declared by the appellant-defendant the Government of Romania against sentence no. 1796 of December 3, 2021 pronounced by the Court of Appeal of Bucharest – Section IX administrative and fiscal litigation, as late filed. Rejects, as unfounded, the appeal declared by the Ministry of Internal Affairs through the General Legal Directorate against the same sentence. Rejects the appeal declared by the appellant-defendant National Committee for Emergency Situations represented by DSU against sentence no. 1796 of December 3, 2021 pronounced by the Bucharest Court of Appeal – Section IX administrative and fiscal litigation, as unfounded. Definitive. Pronounced in public session, today, November 16, 2022, the judges of the ÎCCJ decided,” the institution’s document states.

ÎCCJ: The exception of lack of interest will be rejected as unfounded

In relation to the claimant’s lack of interest, the ÎCCJ noted the following:

  • “In addition, taking into account the very wide spectrum of rights and freedoms affected by GD no. 1183/2021, it is almost IMPOSSIBLE to claim that unvaccinated, disease-free and untested people would not be harmed, the disputed act practically targeting the everyday life of citizens, in its most common manifestations;
  • Compared to the above, the exception of lack of interest will be rejected as unfounded,” the Court said.

Regarding the annulment of HG 1242, the judge of the Bucharest Court of Appeal stated that the restrictions are not only excessive and discriminatory against unvaccinated Romanian citizens, but also affect the very existence of fundamental rights and freedoms. (example: freedom of movement or the right to health).

The article is in Romanian

Tags: High Court decided state alert Romania illegally extended green certificate totally useless Capital

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