Consideraţii asupra dispoziţiilor privind măsura detenţiei de ordin medical social a persoanelor infectate cu SARS CoV 2 în lumina Deciziei Curţii Constituţionale nr. 751 din 20 octombrie 2020
Considerations on the Provisions Regarding the Medical Detention of Persons Infected With SARS Cov 2 in the Light of the Constitutional Court Decision no. 751 of 20 October 2020

Summary/Abstract: Soon after the end of the state of emergency determined by the COVID 19 pandemic in Romania, the Constitutional Court ruled on the provisions that would have allowed the Minister of Health to impose the involuntary hospitalization in the case of persons infected with SARS CoV 2. The declaration of unconstitutionality of article 25 (2) the second thesis of Law no. 95/2006 on health care reform led to the enactment of the Law no. 136 of 16 July 2020 on the establishment of public health measures in situations of epidemiological and biological risk. The provisions of the latter law on the mandatory isolation of persons infected with the SARS CoV 2 virus in a health unit have passed the constitutionality test. The key to interpretation given by the Decision of the Constitutional Court no. 751 of 20 October 20 2020 is the subject of the present analysis, as well as the obligation of the Minister of Health to apply gradually and proportionately the measure of isolation. Although this obligation derives from the very letter and spirit of the law, we will show that, through the normative administrative acts issued by the Minister of Health in the application of the law, only recently a correct application of the latter has been reached.

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