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Considerations on the Prolongation of the Right to Freedom of Movement in the Context of the State of Emergency


Ionut Chisar points out a series of observations regarding the measure of prolongation of the right of free movement in the current context.

Pursuant to the provisions of art. 111, paragraph (6) of the Government Emergency Ordinance no. 195/2002 on the regime of free movement on public roads, at the request of the holder of the driving license withdrawn under paragraph (1), letter b), or paragraph (4), the prosecutor conducting prosecution or exercising the supervision of the criminal investigation or, at the judgment stage, the court of law vested with the resolution of the case may order the prolongation of the right of free movement, by maximum 30 days, until the closing of the case is ordered, waiver of prosecution or, as the case may be, until the court decision remains final.

We shall not herein further criticize the precarious manner lacking any pragmatic sense in which the measure of prolongation of the right of free movement was regulated, but we shall make a few remarks regarding its application in the current context. Thus, the enumerated provisions were the subject matter of doctrine disputes in the current context of the state of emergency generated by the SARS-CoV-2 pandemic, the polemics arising in connection to the line of interpretation of this law text in corroboration with the provisions of art. 14 of the Decree of the President of Romania no. 195/March 16, 2020 ordering the instituting of the state of emergency in the territory of Romania.

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