ROMANIA: The state of emergency and the implications it could have on non-governmental organizations

Article originally published in Romanian on Stiri.org, 16 March 2020 [Updated on 16 April 2020] – accessible here

On April 14, 2020, the President of Romania issued the Decree on the extension of the state of emergency for a period of 30 days throughout the country. This normative act includes the following first emergency measures with direct applicability that may have a direct or indirect impact on non-governmental organizations:

1. During the state of emergency it is forbidden to organize and hold rallies, demonstrations, processions or any other gatherings, in open spaces, as well as any other gatherings of the nature of cultural, scientific, artistic, religious, sports or entertainment activities, indoors ( Chapter I, Article 1);
2. For the emergency period, the managing authorities and intermediate bodies issue specific instructions in relation to the beneficiaries, so that the implementation of the financing contracts is carried out in accordance with the legal provisions and the measures established to reduce the risk of COVID-19 virus (Chapter IV, Article 21);
3. The Government establishes, within maximum 10 days from the entry into force of this decree, the general framework and the modalities of reorganization, restructuring or reprogramming of the activities that are the object of financing from European funds (Chapter IV, art. 22);
4. During the state of emergency, at the justified request of the beneficiaries, the managing authorities and intermediate bodies shall approve the reorganization, restructuring or rescheduling of activities financed by European funds without prejudice to the result indicators of the projects or their specific objectives, as appropriate. and without the extension of the financing contracts exceeding the date of December 31, 2023 (Chapter IV, art. 23);
5. During the state of emergency, the competent authorities in the field of issuing agreements / opinions / certificates for projects financed by European funds have the obligation to organize the public debates provided by law to obtain the agreements / opinions / certificates online, with the appropriate participation of all stakeholders. The minutes of the public consultations shall be concluded and signed by the parties in electronic format and shall constitute official documents in accordance with the law. During the state of emergency, the competent authorities in the field of issuing agreements / approvals / certificates for projects financed by European funds, have the obligation to organize the submission of the necessary documentation to obtain the agreements / approvals / certificates in electronic format. The same obligation applies to the competent authorities for requesting clarifications or issuing agreements / opinions / certificates. Agreements / approvals / certificates issued in electronic format by using the electronic signature are considered authentic documents under the conditions provided by law (Chapter IV, art. 24);
6. During the state of emergency, the cessation or suspension of the activity of social services such as residential care and assistance centers for the elderly, residential centers for children and adults, with and without disabilities, as well as for other vulnerable categories, public and private, provided in the Government Decision no. 867/2015 for the approval of the Nomenclature of social services, as well as of the framework regulations for the organization and functioning of social services (Chapter VI, art. 50);
7. Certificates of inclusion of a child with a degree of disability and maternity assistant certificates issued by the Commission for the Protection of Children, as well as certificates of classification of degree and type of disability issued by the Commission for the Assessment of Adults with Disabilities, whose validity expires the declared emergency period, extend its validity until the end of the state of emergency (Chapter VII, art. 58);
8. Certificates of accreditation of social service providers and licenses of social services, temporary and operating, whose validity expires during the declared emergency period, extend their validity until the end of the state of emergency (Chapter VII, art. 59).