13 May 2020

Relative to the fact that the emergency state established on Romania’s territory will be replaced from 15 of May by the alert state, we bring in your attention the notion of ALERT STATE according to the provisions of Emergency Ordinance no. 21/2004 and the effects it produces.

The ALERT STATE refers to the immediate implementation of action plans and measures to prevent, warn the public to limit and remove the consequences of exceptional non-military events threatening the life or health of the person, the environment, material and cultural values, and to restore the state of normality, urgent measures and actions are needed, the allocation of specialized resources and the unitary management of the forces and means involved.

The STATE OF ALERT is declared by the National Committee for Emergency Situations with the consent of the Prime Minister at national level. The warning state can be set only at county level by the County Committees or at local level by the Local Committees. 

The alert declaration decision shall include the legal basis, the period of application, the measures ordered and the obligations of citizens and economic operators in participating in activities for the benefit of local communities. We specify that depending on the evolution of the emergency situation which led to the declaration of the alert state, its duration or its scope may be extended or restricted. The above emergency ordinance does not expressly specify the length of time for which the alert state may be established. 

Any measures that are necessary to remove the risk may be ordered, but they must be proportionate to the circumstances which led them to and take into account the limits laid down by law. We point out that the management of risk situations leading to the establishment of the alert state should be governed by a number of principles, in accordance with the law, including respect for fundamental human rights and freedoms and transparency of activities carried out in the management of emergency situations, in such a way that they do not lead to aggravate the effects produced.