"THE RIGHT OF ACCESS TO JUSTICE IN THE LIGHT OF THE LAW ON SOME MEASURES TO PREVENT AND COMBAT THE EFFECTS OF COVID-19 PANDEMIC"

S. Şchiopu
{"title":"\"THE RIGHT OF ACCESS TO JUSTICE IN THE LIGHT OF THE LAW ON SOME MEASURES TO PREVENT AND COMBAT THE EFFECTS OF COVID-19 PANDEMIC\"","authors":"S. Şchiopu","doi":"10.51865/jetc.2021.02.01","DOIUrl":null,"url":null,"abstract":"COVID-19 pandemic, among many other legislative changes, also led to the issuance of the Romanian Law on some measures to prevent and combat its effects. Law no. 55 of 15 May 2020 concerns the establishment during the state of alert of some measures in order to protect the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights and freedoms, and, in order to implement the measures provided by this law, the Government adopts decisions. The latter are normative administrative acts which enjoy a presumption of legality, so that, as long as the administrative act exists, it is presumed that it was issued in compliance with all the substantive and formal conditions provided by law, the obligation to comply with it being detached from that of compliance with the law. Therefore, the present study aims to highlight the legal regime of these normative administrative acts and the considerations of the Decision of the Romanian Constitutional Court no. 392 of 8 June 2021 precisely to illustrate the infringement of the right of access to justice, namely the absence of a regulation providing for a short-term procedure for the settlement of actions brought against the possible illegality of Government decisions issued under Law no. 55/2020, so that judgments can produce effective effects, that is while these administrative acts are applicable. Respect for the right of access to justice would also contribute to strengthening citizens’ confidence in the pertinence of measures taken to prevent and combat the effects of the current pandemic.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"JUS ET CIVITAS -A Journal of Social and Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.51865/jetc.2021.02.01","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

COVID-19 pandemic, among many other legislative changes, also led to the issuance of the Romanian Law on some measures to prevent and combat its effects. Law no. 55 of 15 May 2020 concerns the establishment during the state of alert of some measures in order to protect the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights and freedoms, and, in order to implement the measures provided by this law, the Government adopts decisions. The latter are normative administrative acts which enjoy a presumption of legality, so that, as long as the administrative act exists, it is presumed that it was issued in compliance with all the substantive and formal conditions provided by law, the obligation to comply with it being detached from that of compliance with the law. Therefore, the present study aims to highlight the legal regime of these normative administrative acts and the considerations of the Decision of the Romanian Constitutional Court no. 392 of 8 June 2021 precisely to illustrate the infringement of the right of access to justice, namely the absence of a regulation providing for a short-term procedure for the settlement of actions brought against the possible illegality of Government decisions issued under Law no. 55/2020, so that judgments can produce effective effects, that is while these administrative acts are applicable. Respect for the right of access to justice would also contribute to strengthening citizens’ confidence in the pertinence of measures taken to prevent and combat the effects of the current pandemic.
"根据预防和应对COVID-19大流行影响的某些措施的法律,获得司法救助的权利"
2019冠状病毒病大流行,以及许多其他立法变化,也导致罗马尼亚颁布了关于预防和应对其影响的一些措施的法律。法律没有。2020年5月15日第55号决议涉及在戒备状态期间制定一些措施,以保护生命权、人身完整权和保护健康权,包括限制行使其他基本权利和自由,为了执行该法规定的措施,政府通过了决定。后者是具有合法性推定的规范性行政行为,因此,只要行政行为存在,就推定该行政行为是在符合法律规定的所有实体和形式条件的情况下发布的,遵守该行政行为的义务与遵守法律的义务是分离的。因此,本研究的目的是强调这些规范性行政行为的法律制度和罗马尼亚宪法法院第7号决定的考虑。正是为了说明诉诸司法的权利受到侵犯,即缺乏一项规定,规定一项短期程序,以解决针对根据第392号法发布的政府决定可能违法而提起的诉讼。55/2020,以便判决能够产生有效的效果,也就是说,这些行政行为是适用的。尊重诉诸司法的权利还将有助于加强公民对为预防和消除当前流行病的影响而采取的措施的针对性的信心。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信