Consideraţii cu privire la regimul constituţional şi legal al stării de urgenţă
Considerations regarding the constitutional and legal regime of the state of emergency

Summary/Abstract: In this article I analyze some relevant topics in order to better understand the constitutional and legal regime of the state of emergency in Romania. I briefly present the history of the current Article 93 of the Constitution, as it was drafted according to the debates within the Constituent Assembly. I pinpoint the constitutional and legal provisions building the legal regime of the state of emergency in Romania and I develop two essential issues reflecting the power relations between the executive and the legislature in the state of emergency. On the one hand, I critically analyze the doctrinal opinions and the jurisprudence of the Constitutional Court regarding Article 53, Article 73 para. 3 letter g), Article 93, and Article 115 of the Constitution. On the other hand, referring also to the doctrinal opinions and jurisprudence of the Constitutional Court, I clarify the legal nature of the decrees issued by the President of Romania, pursuant Article 93 of the Constitution.

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