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Dear Minister Sorin Grindeanu,

The Foundation For The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) calls for the immediate withdrawal of the Draft Government Ordinance for amending and supplementing some normative acts in the railway sector put in public debate on July 25, 2024.

The draft document contains provisions that are discriminatory and abusive towards citizens who may exhibit symptoms of illness and wish to travel by train. This is in clear violation of the fundamental rights of Romanian and EU citizens, and it creates a potential avenue for serious abuses by CFR employees or other rail passenger operators.

Why should this project be withdrawn immediately?

  1. The proposed legislation is in clear contravention of the Romanian Constitution, specifically Article 25, which enshrines the right to freedom of movement within the country and abroad. The draft legislation in question effectively prohibits the movement of citizens by public transportation without a medical and legal basis, thereby violating the right to free movement.
  2. The project is discriminatory and in violation of Article 2 of Ordinance No. 137/2000 on the prevention and sanctioning of all forms of discrimination. It is discriminatory because it does not have clear criteria and procedures for establishing contagion. Discrimination against citizens on the basis of their apparent state of health is unacceptable.
  3. Breaks EU law - The draft contravenes EU laws that protect citizens against discrimination when traveling by train.
  4. The legislation is vague and susceptible to exploitation. The draft regulation lacks a transparent process for identifying contagious diseases and related criteria, creating a potential avenue for misuse. In the absence of explicit implementing guidelines, any individual could be subjected to accusations of an alleged contagious disease.

Mr. Grindeanu, as the incumbent of your office is bound by law to safeguard the rights and freedoms of Romanian citizens and to prevent the legitimisation of abuses. FACIAS therefore urges you to withdraw this draft ordinance without delay and to guarantee that any future regulation upholds the fundamental rights and dignity of our citizens.

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