Outdoor mask mandate unconstitutional rules Constitutional Court of Romania

Authorities can no longer impose the wearing of masks outdoors, and employers can no longer decide on remote work without the employee’s consent during a state of alert after the Constitutional Court of Romania (CCR) on Tuesday declared unconstitutional the 2020 emergency ordinance. According to legal experts consulted by G4Media.ro, another effect of the CCR decision is that all fines received by citizens for not wearing masks outdoors that are currently challenged in a court of law will be annulled if a court has not rendered a decision by the time the Constitutional Court’s decision is published in the official gazette.

The Constitutional Court on Tuesday declared unconstitutional in its entirety Emergency Ordinance (OUG) 192 of November 2020, as it was adopted in violation of the provisions on the approval of draft legislation by the Legislative Council.

Emergency Ordinance 192/2020 amended several articles of Law 55/2020 relating to certain measures for preventing and combating the effects of the COVID-19 pandemic, which established the measures and restrictions that may be imposed in the context of the state of alert.

The Constitutional Court states, in a press release issued after Tuesday’s hearing, that the provisions of Law 55 remain in force, only the provisions introduced by the OUG 192, declared unconstitutional in its entirety, are to be removed.

By the OUG 192, the Government amended several articles of Law 55, namely those relating to the possibility of imposing the wearing of protective masks and remote work. According to the amendments introduced by the emergency ordinance, the authorities may impose wearing of protective masks outdoors, and employers may decide to organize teleworking without asking for the consent of employees.

Translated in English by Ovidiu H. Original article in Romanian