Venice Commission - Observatory on emergency situations

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Romania

14. Was this additional legislation subject to judicial review?

The Romanian Constitutional Court decided that the compulsory isolation or quarantine are not constitutional, meaning the way they were instated doesn’t respect the Romanian Constitution. Following the decision, a huge number of citizens who were practically detained in the isolation or quarantine centers asked for their release.

Basically, the Court’s decision implied that the restraining of the human rights cannot be imposed through an order issued by the Ministry of Health, but only by a law voted in the Parliament. So far, the compulsory isolation or quarantine in Romania were imposed through an order signed by the Minister of Health.