Cât de militară este ordonanța militară?

• Main Author: Bogdan Dima
• Format: Article
• Language: English
• Published: Faculty of Law, University of Bucharest 2020-03-01
• Series: Forum Juridic
• Subjects: military ordinance; minister of internal affairs; judiciary control; administrative acts
• Online Access: https://drept.unibuc.ro/dyn_img/aubd/FinalV2%2025.03.2020.pdf

In this article, I shall discuss the legal nature of the military ordinances issued by the Minister of Internal Affairs during the state of emergency, in accordance with Emergency Ordinance no. 1/1999 concerning the regime of the state of siege and the regime of state of emergency (EOG no. 1/1999). My advice is that no one should not fall for the term „military”. In fact, military ordinances issued during the state of emergency by the Minister of Internal Affairs are normative administrative acts facilitating the execution of EOG no. 1/1999 provisions. As a result, they could be contested for legality in front of the judiciary, but they cannot be suspended, in accordance with art. 5 para. 3 of the Law no. 554/2004 concerning the judiciary control over the administrative acts.