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  • Legal Flash no. 15
Article:

Legal Flash no. 15

15 May 2020

Order no. 1706 from May 12, 2020 for amending the Order of the Minister of Economy, Energy and Business no. 791/2020 regarding the granting of the emergency situation certificates to the economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic

By the entry into force of Order no. 1706/2020, the scope of the Emergency Certificates Type 2 (Yellow) regulated by Order no. 791/2020 was extended as following:

  • The Type 2 certificate (Yellow) is applicable to situations in which a decrease of revenues or receivables by a minimum of 25% is recorded in March or April 2020, compared to the average of January and February 2020. 

In this regard, the personal liability declaration of the legal representative of the economic operator applying for a CSU was updated and will regard the decrease of revenues or income by at least 25% in March or April 2020, compared to the average of January and February 2020.

Decision of the Constitutional Court no. 152 of May 6, 2020 regarding the exception of unconstitutionality of the provisions of art. 9, art. 14 lit. c1 ) -f) and of art. 28 of the Government Emergency Ordinance no. 1/1999 regarding the state of siege regime and the regime of the state of emergency and of the emergency ordinance, as a whole, as well as of the Government Emergency Ordinance no. 34/2020 for the amendment and completion of the Government Emergency Ordinance no. 1/1999 on the state of siege and the state of emergency, as a whole 

By publishing in the Official Gazette, became effective the effects of the Decision of the Constitutional Court no. 152 of May 6, 2020, by which the exceptions of unconstitutionality invoked by the People's Advocate were resolved, respectively:

  • The provisions of art. 28 of the Government Emergency Ordinance no. 1/1999 on the state of siege and the state of emergency were declared unconstitutional.
  • Government Emergency Ordinance no. 34/2020 for the amendment and completion of the Government Emergency Ordinance no. 1/1999 on the state of siege and the state of emergency was declared unconstitutional as a whole.
  • The provisions of art. 14 lit. c1 ) -f) of the Government Emergency Ordinance no. 1/1999 on the state of siege and the state of emergency, as well as the emergency ordinance, as a whole, were declared constitutional in relation to the criticisms that were submitted.