Unprecedented! Romanians who have not been vaccinated can receive compensation from the state

The High Court of Cassation and Justice broke the ice in the matter of canceling the abuses of the Iohannis-Arafat regime against Romanians who refused to be vaccinated against COVID-19.

If until now the ICCJ has distinguished itself by definitively rejecting or sending for retrial the sentences by which various courts of appeal in Romania annulled – totally or partially – the Government’s decisions regarding the establishment or extension of the state of alert, this time this supreme court has definitively maintained a the sentence by which the so-called “green certificate” (also known as the “vaccination passport”) was annulled, by which the Executive violated the rights and freedoms of unvaccinated citizens – primarily, freedom of movement.

Specifically, on Wednesday, November 16, 2022, supreme judges Horațiu Pătrașcu, Mariana Constantinescu and Beatrice Mariș definitively upheld the sentence by which Judge Amer Jabre from the Bucharest Court of Appeal annulled the passages related to the green certificate from HG no. 1183/2021. It is about the Government decision that extended the state of alert from November to December 2021.

The Lumea Justitiei website presented last year both the action of the plaintiffs – lawyer Corina Ciuchi and photographer Dan Puiu – and the spectacular reasoning by which the CAB magistrate Amer Jabre not only canceled the green certificate, but also suspended it for the plaintiffs, directly invoking the Universal Declaration of Rights To the man. It’s true: the suspension was ordered only with regard to the plaintiffs, but it was a first, given that, until that moment, the courts were clashing with art. 5 para. 3 of Law no. 554/2004 of administrative litigation, which prohibits the suspension of administrative acts issued in the context of epidemics.

Minutes of ICCJ decision no. 5486/2022 from file no. 7277/2/2021:

“Rejects the appeal declared by the appellant-defendant the Government of Romania against sentence no. 1796 of December 3, 2021 pronounced by the Bucharest Court of Appeal – IX Administrative and Fiscal Litigation Section, that it was filed late.

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 – IX Administrative and Fiscal Litigation Section, as unfounded.

Definitive. Pronounced in public session, today, November 16, 2022″.

Here is the minute of sentence no. 1796/2021 issued by CAB:

“Rejects the exception of the nullity of the request for accessory intervention, as unfounded. Rejects as inadmissible in principle the request for accessory intervention, formulated by the petitioner Ministry of Internal Affairs, in the interest of the defendant Government of Romania. Rejects the exception of the inadmissibility of the request for the pronouncement of a presidential ordinance, as having no object. Rejects the exception of the lack of passive procedural quality of the defendant Government of Romania regarding the end of the request having as object the annulment of HCNSU no. 101/2021, as devoid of object. Rejects the exception of lack of interest in promoting the action, as unfounded.

Admits the action in part. Partially annuls HG no. 1183/2021 and HCNSU no. 101/2021, regarding the provisions in the annexes that condition participation in various vaccination / immunization or testing activities at the person’s own expense. On the basis of art. 6 of the ECHR, art. 47 of the Charter of Fundamental Rights of the European Union, the CCR decision no. 392/2021, suspends the execution of the provisions of the annexes of HG no. 1183/2021 which condition the participation in various vaccination / immunization or testing activities at the personal expense of the person in question, until the date of termination of the applicability of this normative act.

Rejects the request to suspend the execution of HCNSU no. 101/2021, as inadmissible.

With appeal within 5 days of communication regarding the request for suspension. With appeal within 15 days of communication regarding the cancellation request. The appeal will be submitted to the Bucharest Court of Appeal, under penalty of nullity. Pronounced by making the solution available to the parties, through the court registry, today, 03.12.2021″.