Оговорки и заявления по Договору №:005 - Конвенция о защите прав человека и основных свобод

Характер декларации : Декларации, Расторжения, Отступления
По состоянию на 01/03/2021

Румыния

Communication contained in the Note Verbale No. 806 from the Permanent Representation of Romania, dated 15 May 2020, received and registered by the Secretariat General on 15 May 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020, no. 671/21.04.2020, no. 699/24.04.2020, no. 723/29.04.2020 and no. 787/12.05.2020 in view of the obligation stipulated in art. 15 para 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:

Considering that pursuant to Decree no. 240/ 14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 3 para. 5 of the Decree, a new Military Ordinance has been adopted:

Military Ordinance no. 12 of 13 May 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 387 of 13 May 2020).

The text of the above-mentioned Military Ordinance is hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the Military Ordinance (English only)

Military Ordinance no. 12 of 13 May 2020, on measures to prevent the spread of COVID-19.


Период результата: 15/05/2020 -
Cтатьях, посвященных : 15

Withdrawal of Derogation contained in the Note Verbale No. 805 from the Permanent Representation of Romania, dated 15 May 2020, received and registered by the Secretariat General on 15 May 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Notes Verbal no.498/17.03.2020 and no.671/21.04.2020, in view of the obligation stipulated in art. 15 para. 3 (2nd thesis) of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honour to inform the Secretary General that the state of emergency on the territory of Romania have ceased to be in force as of 14 May 2020 (24:00 hrs).

The provisions of Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania and of the military ordinances adopted on its bases which might have involved derogations from the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms have ceased their effect as of the same date.

The Permanent Representation of Romania avails itself of this opportunity to reiterate to the Secretary General of the Council of Europe the assurances of its highest consideration.


Период результата: 15/05/2020 -
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 787 from the Permanent Representation of Romania, dated 12 May 2020, received and registered by the Secretariat General on 13 May 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020, no.671/21.04.2020, 699/24.04.2020 and no. 723/29.04.2020 in view of the obligation stipulated in Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:

Considering that pursuant to Decree no. 240/ 14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in Article 3, paragraph 5 of the Decree, a new Military Ordinance has been adopted:

Military Ordinance no. 11 of 11 May 2020, on measures to prevent the spread of COVID-19 (published in the Official Journal no. 377 of 11 May 2020)

The text of the above-mentioned Military Ordinance is hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the Military Ordinance (English only)
Military Ordinance no. 11 of 11 May 2020, on measures to prevent the spread of COVID-19.
Период результата: 13/05/2020 - 15/05/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 723 from the Permanent Representation of Romania, dated 29 April 2020, received and registered by the Secretariat General on 30 April 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020, no.671/21.04.2020 and no. 699/24/04/2020, in view of the obligation stipulated in art. 15 para 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:

Considering that pursuant to Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 3 para. 5 of the Decree, a new Military Ordinance has been adopted:

Military Ordinance no. 10 of 27 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 340 of 27 April 2020).

The text of the above-mentioned Military Ordinance is hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the Military Ordinance (English only)

Military Ordinance no. 10 of 27 April 2020, on measures to prevent the spread of COVID 19.


Период результата: 29/04/2020 - 15/05/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 699 from the Permanent Representation of Romania, dated 24 April 2020, received and registered by the Secretariat General on 27 April 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Notes Verbale no. 498/17.03.2020, no. 594/02.04.2020, no. 633/14.04.2020 and no.671/21.04.2020, in view of the obligation stipulated in art. 15 para 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:

Considering that pursuant to Decree no. 240/14 April 2020 on extending the duration of the state of emergency on the territory of Romania, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 3 para. 5 of the Decree, a new Military Ordinance has been adopted:

Military Ordinance no. 9 of 16 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 321 of 16 April 2020).

The text of the above-mentioned Military Ordinance is hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

At the same time, Governmental Emergency Ordinance no. 28 amending and supplementing Law no. 286/2009 on the Criminal Code was adopted on 18 March 2020, introducing new penalties and new crimes related to the COVID-19 pandemic. The text of the normative act is attached to this Note Verbal in Romanian (as published in the Official Journal) as well as in the English courtesy translation.

It should be noted that the measures taken by the Romanian authorities are permanently adjusted to cover all potential situations and to clarify their concrete application and are founded on the factual evaluation of the situation made by the National Commission for Special Emergency Situations. The gradual nature of the measures as well as their constant adjustment reflect the concern of the Romanian authorities to abide by the principles of necessity and proportionality and, thus, to strictly apply only those measures required at a certain moment by the circumstance of the situation, in the general effort to contain the spread of SARS-COV-2 virus and its effects on the territory of Romania.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the Military Ordinance (English only)

Military Ordinance no. 9 of 16 April 2020, on measures to prevent the spread of COVID 19

Период результата: 27/04/2020 - 15/05/2020
Cтатьях, посвященных : 15

Communication contained in the Note Verbale No. 671 from the Permanent Representation of Romania, dated 21 April 2020, registered by the Secretariat General on 21 April 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and, following its Note Verbale no. 498/17.03.2020 has the honour to inform that the duration of the state of emergency has been extended on the entire territory of Romania for a 30-day period, as of 15 April 2020.

The measure was taken by the President of Romania through Decree no. 240 published in the Official Journal of Romania, Part I, no. 311 of 14 April 2020 and was endorsed by the Parliament of Romania on 16 April 2020.

The decision to maintain the state of emergency was taken in order to ensure the continuity of the measures adopted so far and to introduce additional measures needed in the effort to manage the spread of SARS-CoV-2 on the territory of Romania, given that both the number of registered infections and the number of deaths caused by SARS-CoV-2 have registered ascending trends, as well as to provide for the necessary legal basis for possible new measures which could be required depending on the further progress of the situation.

The Decree maintains the guarantees as to the proportionality and the necessity of the measures, which are to be adopted should certain criteria enumerated in the Decree (art. 3 para. 5) be met.

The text of Decree no. 240/ 2020 is attached to this Note Verbale as published in the Official Journal and in the English courtesy translation.

The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the Decree (English only)
. Decree no. 240/ 2020 of 14 April 2020 “On the extension of the state of emergency in the territory of Romania”.
Период результата: 21/04/2020 - 15/05/2020
Cтатьях, посвященных : 15

Communication contained in a Note Verbale from the Permanent Representation of Romania, dated 14 April 2020, registered by the Secretariat General on 14 April 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Notes Verbale no. 498/17.03.2020 and no. 594/02.04.2020, in view of the obligation stipulated in Article 15, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:

Considering that pursuant to Decree no. 195/ 16 March 2020 on the state of emergency, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in Article 4, paragraph 4, of the Decree, two new Military Ordinances have been adopted:

- Military Ordinance no. 7 of 4 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 284 of 4 April 2020);
- Military Ordinance no. 8 of 9 April 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 301 of 10 April 2020).

The texts of the above-mentioned Military Ordinances are hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.

At the same time, Emergency Governmental Ordinance no. 34 amending and supplementing the Government’ Emergency Ordinance no. 1/1999 on the regime of the state of siege and of the state of emergency was adopted on 26 March 2020 and published in the Official Journal of Romania, Part I, No. 226 of 31 March 2020 was adopted on 26 March 2020 and published in the Official Journal of Romania, Part I, No. 226 of 31 March 2020. The text of the normative act is attached to this Note Verbale in Romanian (as published in the Official Journal) as well as in the English courtesy translation.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above-mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the ordinances (English only)

. Emergency Ordinance no. 34 of 26 March 2020,
. Military Ordinance no. 7 of 4 April 2020,
. Military Ordinance no. 8 of 9 April 2020.
Период результата: 14/04/2020 - 15/05/2020
Cтатьях, посвященных : 15

Communication contained in a Note verbale from the Permanent Representation of Romania to the Council of Europe, dated 2 April 2020, registered by the Secretariat General on 2 April 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and following Note Verbal no. 498/17.03.2020, in view of the obligation stipulated in art. 15 para 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honor to inform the Secretary General of the following new additional measures that have been taken within the scope of confining the spread of SARS-COV-2 virus and its effects on the territory of Romania:

The state of emergency decreed by the President of Romania on 16 March 2020 was endorsed by the Parliament of Romania on 19 March 2020, in accordance with art. 93 of the Romanian Constitution.

Considering that pursuant to Decree no. 195/ 16 March 2020, on the state of emergency, the measures required by the management on the territory of Romania of COVID-19 related situation are taken gradually, based on the assessment of the factors mentioned in art. 4 para. 4 of the Decree, the following Military Ordinances have been adopted to date:

Military Ordinance no. 1 of 17 March 2020, on some first emergency measures regarding large gatherings of people and cross-border movement of certain goods (published in the Official Journal no. 219 of 18 March 2020)

Military Ordinance no. 2 of 21 March 2020, on measures to prevent the spread of COVID 19 (published in the Official Journal no. 232 of 21 March 2020)

Military Ordinance no. 3 of 24 March 2020 on measures for the prevention of the spread of COVID-19 (published in the Official Journal no. 242 of 24 March 2020)

Military Ordinance no. 4 of 29 March 2020 on measures for the prevention of the spread of COVID-19 (published in the Official Journal no. 257 of 29 March 2020)

Military Ordinance no. 5 of 30 March 2020 on measures for the prevention of the spread of COVID-19 (published in the Official Journal no. 262 of 31 March 2020)

Military Ordinance no. 6 of 30 March 2020 on placing under quarantine the municipality of Sueeava and some neighbouring communes and on establishing a buffering protection area in some administrative territorial units in the Suceava county (published in the Official Journal no. 262 of 31 March 2020).

The texts of the above-mentioned Military Ordinances are hereby attached both in Romanian (as published in the Official Journal) and in the English courtesy translation.

At the same time, Governmental Emergency Ordinance no. 28 amending and supplementing Law no. 286/2009 on the Criminal Code was adopted on 18 March 2020, introducing new penalties and new crimes related to the COVID-19 pandemic. The text of the normative act is attached to this Note Verbal in Romanian (as published in the Official Journal) as well as in the English courtesy translation.

It should be noted that the measures taken by the Romanian authorities are permanently adjusted to cover all potential situations and to clarify their concrete application and are founded on the factual evaluation of the situation made by the National Commission for Special Emergency Situations. The gradual nature of the measures as well as their constant adjustment reflect the concern of the Romanian authorities to abide by the principles of necessity and proportionality and, thus, to strictly apply only those measures required at a certain moment by the circumstance of the situation, in the general effort to contain the spread of SARS-COV-2 virus and its effects on the territory of Romania.

The Romanian authorities stand ready to provide any additional information to the Secretary General in relation to the above mentioned measures taken in the effort to contain the spread of the SARS-COV-2 virus and its effects on the territory of Romania, as well as on any other issues deemed relevant. The Romanian authorities will continue to inform the Secretary General of any new measures that will be adopted in the context.

Link to the ordinances (English only)

Military Ordinance no. 1 of 17 March, 2020
Military Ordinance no. 2 of 21 March 2020
Military Ordinance no. 3 of 24 March 2020
Military Ordinance no. 4 of 29 March 2020
Military Ordinance no. 5 of 30 March 2020
Military Ordinance no. 6 of 30 March 2020
Governmental Emergency Ordinance no. 28

Период результата: 02/04/2020 - 15/05/2020
Cтатьях, посвященных : 15

Derogation contained in a Note verbal from the Permanent Representation of Romania to the Council of Europe, dated 17 March 2020, registered at the Secretariat General on 17 March 2020 - Or. Engl., completed in the Note Verbale No. 670 from the Permanent Representation of Romania, dated 21 April 2020, registered by the Secretariat General on 21 April 2020 - Or. Engl., and withdrawn in the Note Verbale No. 805 from the Permanent Representation of Romania, dated 15 May 2020, registered at the Secretariat General on 15 May 2020 - Or. Engl.

The Permanent Representation of Romania presents its compliments to the Secretary General of the Council of Europe and has the honor to inform of the following:

On 16 March 2020 the President of Romania decreed state of emergency on the territory of Romania in order to ensure the containment of the spread of SARS-CoV- 2 virus on the territory of Romania.

The Decree no. 195 by which the state of emergency was declared in accordance with the Romanian Constitution and the relevant law on the regime of the state of siege and of the state of emergency was published in the Official Gazette no. 212 of 16 March 2020 and is hereby attached. The Decree includes the emergency measures of immediate and gradual application deemed necessary in order to limit the spread of the virus and ensure public health at national level.

Some of the measures taken in this context involve derogations from the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), to which Romania is a party.

Therefore, the Permanent Representation kindly asks that this Note Verbale be considered as notification for the purposes of Article 15 paragraph 3 of the Convention.

The initial duration of the state of emergency is of 30 days. The Romanian authorities will subsequently inform of any changes that might occur in relation to the situation.

Link to the Decree (English only)

. Decree No. 195 of 16 March 2020 “On the establishment of the state of emergency in the territory of Romania”.

. Appendix 1:Measures of first emergency with direct applicability and Appendix 2: Measures of first emergency with gradual implementation
Период результата: 17/03/2020 - 15/05/2020
Cтатьях, посвященных : 15

Declarations from the Minister for Foreign Affairs of Romania contained in the instrument of ratification of the Convention deposited on 20 June 1994 - Or. Fr.

I have the honour to declare, on behalf of my Government, that Romania, in accordance with Article 25 of the Convention for the Protection of Human Rights and Fundamental freedoms signed in Rome on 4 November 1950, recognises the competence of the European Commission for Human Rights to receive petitions from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by Romania of the rights set forth in the said Convention as well as in Articles 1 to 4 of Protocol No. 4 securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto, Strasbourg, 16 September 1963, and in Protocol No. 7, Strasbourg, 22 November 1984, concerning cases resulting from violations of the rightys guaranteed by these instruments which occur after their entry into force with respect to Romania.

On behalf of my Government, I hereby declare that Romania, in accordance with Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms [see Article 34 of the Convention since the entry into force of Protocol No. 11], recognises as compulsory ipso facto and without special agreement the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the European Convention on Human Rights, in Protocol NO. 4 securing certain rights and freedoms other than those included in the Convention and in the first Protocol to the Convention, Strasbourg, 16 September 1963, and in Protocol NO. 7, Strasbourg, 22 November 1984, concerning cases resulting from violations of the rights guaranteed by these instruments which occur after their entry into force with respect to Romania.
Период результата: 20/06/1994 - 31/10/1998
Cтатьях, посвященных : Ex-46, Ex-25


Источник: Бюро договоров http://conventions.coe.int - * Disclaimer.