Limitation of Fundamental Rights and Freedoms in a Pandemic through Administrative Acts Issued by Public Authorities
Limitation of Fundamental Rights and Freedoms in a Pandemic through Administrative Acts Issued by Public Authorities

Author(s): Adina Georgeta Ponea
Subject(s): Civil Law, Health and medicine and law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: pandemic; epidemic; rights of the citizens; quarantine of persons;
Summary/Abstract: In Romania, the legislator considered to regulate, on a temporary basis, some necessary measures in the field of public health in situations of epidemiological and biological risk, to prevent the introduction and limit the spread of infectious diseases. Measures such as the quarantine or isolation of persons shall be ordered and applied exclusively for the protection of public health, respecting the fundamental rights and freedoms of citizens, meaning that they must be in proportion with the situation which determined them, limited in time to this and applied in a non-discriminatory manner. Public authorities such as the Public Healthcare Direction - for individual cases or the National Committee for Situations of Emergency - for populational groups, have the legal competence to assess and order either the quarantine of persons or the zonal quarantine by reasoned decision which will contain endorsments on the date and the issuer of the act, the name and identification data of the quarantined person, but also the duration of the measure and the remedy provided by the law.

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