Art. 19 din Ordonanța de urgență a Guvernului nr. 20 din 29 martie 2021 contravine dispozițiilor art. 1 alin. (4) și alin. (5) din Constituție
Article 19 of the Government Emergency Ordinance No 20 of 29 March 2021 is contrary to the provisions of Article 1 (4) and (5) of the Constitution

Summary/Abstract: According to Article 19 of the Government Emergency Ordinance No 20/2021, the doctors, regardless of specialty, acquire or lose by a Government decision which declares or terminates the state of alert, without any training, evaluation or sanction, a special professional competence to treat persons infected with SARS-CoV-2 coronavirus, for which they would not be liable with their patrimony if they complied with the guides and protocols approved by the order of the Minister of Health. The regulation represents a violation of Article 34 (3) of the Romanian Constitution, generating an uncertainty regarding the existence and extent of the doctors’ rights and violating the fundamental right to the protection of citizens’ health. First, the criteria for exercising the medical profession (acquisition and loss of a professional competence) are delegated by emergency ordinance by the exceptional legislator (the Government) to the executive (the Government), in order to be established by a legal act with inferior force than the law, in violation of Article 1 (4) and (5) of the Constitution. Secondly, the fundamental rights to Life, provided by Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and, respectively, to Health care, regulated by Article 34 of the Constitution, guaranteed by the control of the medical profession (embodied in legal provisions imposing some strict conditions for acquiring professional competence and liability for the medical act), are eluded by the permission granted to non-specialists to intervene, apparently without liability, on the human body.

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