Open AccessLegal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen
Author(s) -
Gabriela Nemţoi,
Eugenia Gabriela Leuciuc
Publication year - 2020
Publication title -
logos, universality, mentality, education, novelty. section law
Language(s) - English
Resource type - Journals
eISSN - 2458-1046
pISSN - 2284-5968
DOI - 10.18662/lumenlaw/8.2/43
Subject(s) - state of emergency , siege , law , political science , state (computer science) , fundamental rights , state of exception , human rights , politics , archaeology , algorithm , computer science , history
In Romania, the state of siege and state of emergency is regulated by GEO no. 1/1999 approved by Law no. 453/2004 of the Romanian Parliament. The emergency ordinance expressly provides that the decree of the President of Romania on the establishment of a state of emergency or state of siege must provide for first-line, emergency measures to be taken in such situations, namely the fundamental rights and freedoms whose exercise is restricted, within the limits of the constitutional provisions and of the emergency ordinance. In relation to the above constitutional and legal provisions, arises the question what does it mean that the President establishes, according to the law, the state of siege or emergency? What is the constitutional meaning of the phrase "establish, according to the law"? Does it refer to the fact that the President has only the power to declare a state of emergency or a state of siege, under the subsequent control of a Parliament which enjoys only the power to approve the measure? Or does it refer to the fact that the President has the competence to implement / execute the provisions of the law that establishes the legal regime of the state of siege or of the state of emergency in Romania? In this context, it is necessary to look at the limits of the fundamental rights and freedoms of the citizen in the event of a state of emergency.