As it is imposed now in Romania, the Green Pass is illegal – this is the conclusion of an interview that the president of the Romanian Anti-discrimination watchdog offered.
While being asked by Digi 24 reporter, Asztalos Csaba said:
Romanian Constitution, at Art. 53, shows very clearly that rights and liberties can be limited. And the fundamental law shows the conditions: ‘these limitations can be imposed only by law‘. What is happening in Romania (to impose this) by Government’s decisions is illegal. The Romanian Court of Appeal can settle this. The problem is that in Romania there is no urgent procedure for these cases.Asztalos Czaba, the President of Romania’s National Council for Combating Discrimination, on the legality of the Green Pass in Romana
How was the COVID-19 Green Pass imposed in Romania?
The Green Pass was imposed in Romania by Government’s decision. No law, no nothing. More than that, the Green Pass law the authorities try to impose now has recently failed in the Senate.
Yes, the law has one more chance to pass in the Chamber of Deputies. Still, until then, the Green Pass decision taken by the Government is illegal, as admitted by one of the essential members of the current Governing coalition in Romania.
On the other hand, in Czaba’s opinion, the imposing of the Green Pass is not discriminatory, and the Discrimination Council has already issued an official statement regarding this matter.
In other words, the Green Pass is illegal, but there will be no discrimination after imposing it by law. The Romanian courts have already started sanctioning the Green Pass as illegal, one of the first decisions regarding the access of the students to classes.
Next week we’ll undoubtedly learn two things – if Romania will have a Government and if the Green Pass will be imposed by law, in its legal form. Until then, all the measures currently taken by the authorities are anti-constitutional because they are based on a Government’s decision.