IDEAS home Printed from https://ideas.repec.org/a/lum/rev13d/vviiiy2020i2p35-43.html
   My bibliography  Save this article

Legal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen

Author

Listed:
  • Gabriela Nemţoi

    („Stefan cel Mare" University, Suceava, Romania)

  • Eugenia Gabriela Leuciuc

    (Lecturer, Phd, ”Stefan cel Mare” University Suceava,. Faculty of Economic Sciences and Public Administration, Suceava, Romania)

Abstract

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.

Suggested Citation

  • Gabriela Nemţoi & Eugenia Gabriela Leuciuc, 2020. "Legal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 8(2), pages 35-43, December.
    • Handle: RePEc:lum:rev13d:v:viii:y:2020:i:2:p:35-43
    DOI: https://doi.org/10.18662/lumenlaw/8.2/43
    as

    Download full text from publisher

    File URL: https://www.lumenpublishing.com/journals/index.php/lumenlaw/article/view/4124/3361
    Download Restriction: no
    File URL: https://libkey.io/https://doi.org/10.18662/lumenlaw/8.2/43?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    the right fundamental rights and freedoms; state of emergency; institution according to the law; emergency ordinance;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev13d:v:viii:y:2020:i:2:p:35-43. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://edituralumen.ro .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.