Pandemia și carantinarea - conflicte juridice între instanțele judecătorești
Pandemic and Quarantine - Legal Disputes between Courts

Summary/Abstract: The determination of the competent court materially and functionally in resolving appeals against the decision to impose the quarantine or isolation measure ordered by the health authorities has generated negative conflicts of jurisdiction since the first days of the law, being unclear in the legal text or the special administrative court has the power, ope legis, to settle these disputes definitively.With the entry into force of Law no. 136/2020 on the institution of measures in the field of public health in situations of epidemiological and biological risk with the defense and the first declines of material functional competence between the civil and administrative and fiscal contentious sections of the courts, followed by the onset of negative conflicts of jurisdiction between these sections, which were also resolved in a non-uniform manner by clean-up appeals.The notified aspects of non-unitary practice, with undesirable consequences on the obligatory speed of this judicial approach, determined the referral of the specialized panel to supreme court for pronouncing an appeal in the interest of law, as well as amending the law by a new subsequent normative act. We appreciate that the legislative solution adopted is not added by critics, for the reasons set out.

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