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COVID-19 Legal Insights
 
 
 
COVID-19 Legal Insights
COVID-19 Legal Insights is our response to the COVID-19 outbreak. We shall keep you informed on the various legal challenges posed by the coronavirus, thanks to a dedicated practice group comprising lawyers with different backgrounds, such as compliance/regulatory, corporate and commercial, insurance, labour and employment, litigation and arbitration, insolvency, public procurement, data privacy, tax and customs. In addition, our taskforce offers strategic advice on crisis-specific matters: corporate restructuring, review and (re)negotiation of agreements (including collective bargaining agreements and individual employment contracts), performance of the contracts which are affected by force majeure and hardship, unblocking pre-litigation relationships, etc.
COVID-19 Legal Insights is our response to the COVID-19 outbreak. We shall keep you informed on the various legal challenges posed by the coronavirus, thanks to a dedicated practice group comprising lawyers with different backgrounds, such as compliance/regulatory, corporate and commercial, insurance, labour and employment, litigation and arbitration, insolvency, public procurement, data privacy, tax and customs. In addition, our taskforce offers strategic advice on crisis-specific matters: corporate restructuring, review and (re)negotiation of agreements (including collective bargaining agreements and individual employment contracts), performance of the contracts which are affected by force majeure and hardship, unblocking pre-litigation relationships, etc.
This text discusses which authority should legislate during the state of emergency declared in Romania, particularly when the laws and regulations seek to limit the exercise of the fundamental rights and freedoms provided by the Constitution or to amend or suspend the existing legislative framework. The most important rights of Romanian citizens are acknowledged in the Constitution. They may only be limited under the law and only proportionally to the threat against which a response is sought. As such, the question of knowing who has the power to legislate in such exceptional circumstances becomes extremely important as a matter of principle. Relevant highlights: Practice; Theory; Relevance; The limitation of fundamental rights is of exceptional nature; The fundamental rights may only be limited under the law; But is there time to legislate? Effects of the Decision of the Constitutional Court of 6 May 2020; How other countries have dealt with the issue; Conclusions. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Who legislates during the state of emergency? (12 May)
 

This text discusses which authority should legislate during the state of emergency declared in Romania, particularly when the laws and regulations seek to limit the exercise of the fundamental rights and freedoms provided by the Constitution or to amend or suspend the existing legislative framework. The most important rights of Romanian citizens are acknowledged in the Constitution. They may only be limited under the law and only proportionally to the threat against which a response is sought. As such, the question of knowing who has the power to legislate in such exceptional circumstances becomes extremely important as a matter of principle.

Relevant highlights:

  • Practice;
  • Theory;
  • Relevance;
  • The limitation of fundamental rights is of exceptional nature;
  • The fundamental rights may only be limited under the law;
  • But is there time to legislate?
  • Effects of the Decision of the Constitutional Court of 6 May 2020;
  • How other countries have dealt with the issue;
  • Conclusions.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

This document contains a summary of the main provisions of Order No. 791/25 March 2020 of the Ministry of Economy, Energy and Business Environment (the "Order"), which sets forth the procedure and conditions in which Emergency Situation Certificates ("ESC") are released by the Ministry of Economy, Energy and Business Environment on request of the economic operators whose activity is affected in the context of the COVID-19 epidemic. Relevant highlights: Who may apply for an ESC? May ESCs be assimilated to force majeure certificates? How to apply for a ESC; The signatures on the documents underlying the ESC application; How ESCs are issued; Appendix: List of documents to be submitted together with the application for ESC. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Emergency Situation Certificates: How to obtain them and what are their legal effects (26 March)
 

This document contains a summary of the main provisions of Order No. 791/25 March 2020 of the Ministry of Economy, Energy and Business Environment (the "Order"), which sets forth the procedure and conditions in which Emergency Situation Certificates ("ESC") are released by the Ministry of Economy, Energy and Business Environment on request of the economic operators whose activity is affected in the context of the COVID-19 epidemic.

Relevant highlights:

  • Who may apply for an ESC?
  • May ESCs be assimilated to force majeure certificates?
  • How to apply for a ESC;
  • The signatures on the documents underlying the ESC application;
  • How ESCs are issued;
  • Appendix: List of documents to be submitted together with the application for ESC.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

On 24 March 2020, a new military ordinance was passed - Military Ordinance No. 3/24 March 2020 ("Ordinance No. 3") - which enforced new and more restrictive measures that must be observed throughout the state of emergency, which has come into force on 16 March 2020. The purpose of Ordinance No. 3 is to strengthen the measures adopted by the Romanian State in combating the COVID-2019 pandemic and to prevent as much as possible its negative effects. Relevant highlights: Tightening of movement restrictions; Additional activities allowed in commercial centres; Measures related to entry on Romanian territory; New obligations to be complied with when working with the public; Other measures passed under Ordinance No. 3. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Military Ordinance No. 3 of 24 March 2020 passed by the Ministry of Interior: Details concerning a new set of measures to be complied with while the state of emergency is effective (26 March)
 

On 24 March 2020, a new military ordinance was passed - Military Ordinance No. 3/24 March 2020 ("Ordinance No. 3") - which enforced new and more restrictive measures that must be observed throughout the state of emergency, which has come into force on 16 March 2020. The purpose of Ordinance No. 3 is to strengthen the measures adopted by the Romanian State in combating the COVID-2019 pandemic and to prevent as much as possible its negative effects.

Relevant highlights:

  • Tightening of movement restrictions;
  • Additional activities allowed in commercial centres;
  • Measures related to entry on Romanian territory;
  • New obligations to be complied with when working with the public;
  • Other measures passed under Ordinance No. 3.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

Further to the entry into force of the Military Ordinance No. 2 of 21 March 2020 ("Ordinance No. 2"), a series of new measures have been adopted and must be complied with throughout the entire duration of the state of emergency, which is in force as of 16 March 2020. Suspension of retail activities in shopping malls; Movement recommendations and restrictions. Avoiding the formation of groups; Forbidden entry on Romanian territory of foreign citizens and stateless persons; Measures against persons that fail to observe self-isolation/quarantine measures; Other measures passed under Ordinance No. 2. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Details concerning the set of new measures to be complied with while the state of emergency is effective (23 March)
 

Further to the entry into force of the Military Ordinance No. 2 of 21 March 2020 ("Ordinance No. 2"), a series of new measures have been adopted and must be complied with throughout the entire duration of the state of emergency, which is in force as of 16 March 2020.

  • Suspension of retail activities in shopping malls;
  • Movement recommendations and restrictions. Avoiding the formation of groups;
  • Forbidden entry on Romanian territory of foreign citizens and stateless persons;
  • Measures against persons that fail to observe self-isolation/quarantine measures;
  • Other measures passed under Ordinance No. 2.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

One set of measures to be implemented under the national emergency status declared by the President of Romania is the requisitioning of assets. This document is intended to give a summary of the applicable legal regime in this area. Noteworthy, not only that the state can issue a requisition order for virtually any assets, but it can also enjoin community service work for any individual. Requisitions are generally governed by Law 132/1997 and by the Methodological Norms approved by Government Decision 219/2005. The presidential Decree issued on 16 March, which declared a national emergency, gives the authorities the power to order the requisition of certain assets. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Requisitions and national emergency. Anything to fear? (17 March)
 

One set of measures to be implemented under the national emergency status declared by the President of Romania is the requisitioning of assets. This document is intended to give a summary of the applicable legal regime in this area. Noteworthy, not only that the state can issue a requisition order for virtually any assets, but it can also enjoin community service work for any individual.

Requisitions are generally governed by Law 132/1997 and by the Methodological Norms approved by Government Decision 219/2005. The presidential Decree issued on 16 March, which declared a national emergency, gives the authorities the power to order the requisition of certain assets.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

This document provides a summary of the main economic measures ordered by the Decree No. 195/16.03.2020 of the President of Romania (the "Decree"), which established a state of emergency for the whole territory of Romania. We shall not discuss in this document measures applicable in such particular areas as employment, healthcare services or criminal law proceedings, which will be addressed in subsequent analyses. The Decree provides for two categories of measures, one of immediate application (Annex 1) and a second one of gradual application (Annex 2), to be implemented subsequently by the relevant authorities, depending on the evolution of the epidemic. The Decree is subject to approval by the Parliament within 5 days. The emergency status has been established for a period of 30 days, commencing on 16 March 2020. To read the entire legal insight, please download the .pdf attached (English and Romanian).
Emergency Status in Romania. The Decree. A Legal Analysis (16 March)
 

This document provides a summary of the main economic measures ordered by the Decree No. 195/16.03.2020 of the President of Romania (the "Decree"), which established a state of emergency for the whole territory of Romania. We shall not discuss in this document measures applicable in such particular areas as employment, healthcare services or criminal law proceedings, which will be addressed in subsequent analyses.

The Decree provides for two categories of measures, one of immediate application (Annex 1) and a second one of gradual application (Annex 2), to be implemented subsequently by the relevant authorities, depending on the evolution of the epidemic.

The Decree is subject to approval by the Parliament within 5 days.

The emergency status has been established for a period of 30 days, commencing on 16 March 2020.

To read the entire legal insight, please download the .pdf attached (English and Romanian).

At the time of writing, the Romanian authorities are expected to declare emergency status on Monday, 16 March 2020, in order to combat the spread of the Covid-19 epidemic. This document is intended to summarize the current legislation on the emergency status and the measures which could be enacted by the Romanian authorities. Our comments rely on the current legislation as it exists today. We expect however the Government to pass new legislation as the emergency status will be officially instated. We reserve the right to update this document once such new legislation becomes public. To read the entire legal insight, please download the .pdf attached (English).
National Emergency since today. What should you expect? (16 March)
 

At the time of writing, the Romanian authorities are expected to declare emergency status on Monday, 16 March 2020, in order to combat the spread of the Covid-19 epidemic. This document is intended to summarize the current legislation on the emergency status and the measures which could be enacted by the Romanian authorities. Our comments rely on the current legislation as it exists today. We expect however the Government to pass new legislation as the emergency status will be officially instated. We reserve the right to update this document once such new legislation becomes public.

To read the entire legal insight, please download the .pdf attached (English).



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