• Avocat Alina Mardare

State of alert – Q & A



At present, in Romania there is a state of alert imposed for the purpose of preventing and limiting the spread of the SARS-CoV-2 coronavirus.


Therefore, given these particular times, several questions arise, and in order to concretely answer them we have to analyze, among others, the provisions of the Decision no. 394/2020 on declaring the state of alert and the measures applied during the state of emergency to prevent and mitigate the effects of the COVID-19 pandemic, as well as the provisions of the Law no. 55/2020 on certain measures to prevent and mitigate the effects of the COVID-19 pandemic, published in the Official Journal no. 396 on 15.05.2020, coming into force on 18.05.2020.


Among the most frequent questions concerning this particular period of time we are crossing, there are:


1. Is the self-declaration still mandatory when leaving our place of residence?


No, since 15.05.2020 the self-declaration is no longer needed when we travel within the limits of our locality.

However, if we are to travel outside the metropolitan area, we have to fill in a self-declaration (its new template is given at the end of the article.)

According to the Annex no. 1 to the Law no. 35/2001 on the approval of the Plan for the Development of the National Territory, the metropolitan area “comprises the administrative territory of the core polarizing city and of the administrative-territorial units in the commuting area of the city, at distances up to 30 km”. In other words, the localities 30 km. around the main city are considered part of the metropolitan area. The city of Bucharest and the entire territory of the county of Ilfov are considered one metropolitan area.


2. Which is the time period when people aged more than 65 can travel?


The persons aged over 65 may leave their place of residence without having to comply with a certain time interval. The Decision no. 394/2020 on declaring the state of alert and the measures applied during the state of emergency to prevent and mitigate the effects of the COVID-19 pandemic does not regulate such restrictions as was the case during the state of emergency, when, as we know, such restrictions existed.


3. When do we have to wear a protection mask?


According to the Annex no. 2 “Measures to ensure the resilience of the communities”, part of the Decision no. 394/2020, we have to wear a protection mask in the shopping areas, means of public transport, workplace, as well as in other closed public spaces, as to cover the nose and the mouth.


4. Are we allowed to leave our place of residence later than 22:00?


Yes, this is allowed, as there is currently no restriction concerning the time interval in which we are allowed to leave our place of residence.


Therefore, we have to bear in mind that the measures taken through the Decision no. 394/2020 on declaring the state of alert and the measures applied during the state of emergency to prevent and mitigate the effects of the COVID-19 pandemic irrespective of the time interval.


5. How many people can attend a religious service?


If the event (wedding, baptism, funeral) is to take place within the church, the maximum number of persons attending the service is 8.


However, if the event is to take place in the churchyard, in compliance with all the measures to prevent and control infections applicable during the state of alert, the number of persons attending is not restricted.


6. What sports activities can be practiced in open air?


Although the state of alert maintains restrictions as concerns exercising certain rights, there are several sports activities that can be practiced in open air, both inside localities and outside, in compliance with the conditions established by regulatory acts.


Except for professional sport, regulated by the order of the Ministry of Youth and Sport on 19.05.2020, the entertainment and recreational sport activities in open air can take place with the participation of no more than 3 persons who do not live together. Per a contrario, the number can be exceeded if the participants live together. The proof of common living is any documents certifying the domicile or residence. For more details concerning the sport activities, see the next article.




7. What happens if, during the state of alert, certain documents issued by the public institutions and authorities expire?


According to the provision of art. 4 point (5) in the Law 55/2020 on certain measures to prevent and mitigate the effects of the COVID-19 pandemic, the documents issued by the public authorities and institutions (General Inspectorate of the Romanian Police, Directorate for Driving Licenses and Vehicle Registration, Directorate for Personal Records and Management of Databases and General Inspectorate for Immigration) remain valid throughout the state of alert, their validity being extended for a period of 90 days after its termination.


Therefore, if you are in the situation when certain documents (identity card, temporary identity card, residence certificate, driving license, temporary roadworthiness certificate and the evidence of replacement of such documents) expire, you should know you can exchange them within 90 days after the termination of the state of alert.


However, the above-mentioned do not apply as concerns the evidence issued as a result of offences to the traffic regulations. Thus, when the evidence replacing the driving licenses – giving the right to driving were issued based on art. 111 point (1) letter b), point (4) or (5) in the Government Emergency Ordinance no. 195/2002 concerning the circulation on public roads, republished, as amended and supplemented, their validity period is maintained during the state of alert, but only for a period of 10 days after the termination thereof.


At the same time, we have to bear in mind that, just like during the state of emergency, we have to hold a mandatory third-party liability car insurance policy, a valid road vignette, as well as to have our car inspected for roadworthiness. Therefore, these obligations subsist, and the validity of the documents certifying the compliance with these obligations is not extended automatically as for the cases mentioned above.


To keep yourselves informed, see the other articles on our blog.


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