The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) has published a model court action for individuals adversely affected by the recently introduced provisions of the "Drugtest" Ordinance. This action is intended to provide support for those who have been wronged by the erroneous and abusive application of the new legislative provisions of the Emergency Ordinance No. 84/2024.
In consequence of the considerable number of grievances submitted and the potential infringements of rights, FACIAS was among the first organisations to publicly condemn the illegality and unconstitutionality of this ordinance. Over 180,000 individuals petitioned for the revocation of this Ordinance.
GEO 84/2024 stipulates, among other things, that drivers who refuse to undergo a police drug test are automatically deprived of their licence, even if they wish to have their licence analysed at the National Institute of Forensic Medicine (INML). It is widely acknowledged that the drug testing machines utilised by the Romanian Police exhibit a considerable degree of inaccuracy, with approximately 15-20% of positive results being subsequently invalidated by laboratory analysis. FACIAS considers this ordinance to be both abusive and unconstitutional, as it directly impacts innocent citizens.
Furthermore, FACIAS will participate in the legal proceedings initiated by citizens and will represent each plaintiff in court. Additionally, FACIAS will intervene to defend the violated rights after the lawsuit has been filed.
The model provides a legal framework for obtaining compensation for both material and non-material damages. It includes all the necessary elements for initiating a claim.
- Citizens can claim compensation for damages resulting from having their driving license withdrawn by the police, as well as for the costs of toxicology tests, transportation, accommodation and other resulting expenses.
- They can also claim damages for mental suffering caused by the license being withheld, even though the person was innocent.
FACIAS invites citizens affected by the "Drugtest" Ordinance to download the Model of Action to defend their rights and obtain compensation for damages.
In the context of the "It's My Right" campaign, FACIAS provides support to individuals who have been subjected to abuse as a result of the implementation of the "Drugtest" Ordinance. This initiative represents a crucial aspect of the campaign, which is dedicated to safeguarding the fundamental rights of Romanian citizens.