From Liberty to Encroachment via National Security
From Liberty to Encroachment via National Security

Summary/Abstract: Respecting and protecting fundamental rights and civil liberties of citizens is a token of maturity that a state could give on an international level, pervading in a noticeable way the theories regarding national security. The obligation to counter the dangers and threats jeopardizing national security falls upon the state, although more often than not the state itself threatens the fundamental rights of its own citizens. Curtailing the interference of the state in the exercise of rights and civil liberties of its citizens could be achieved by way of an effective separation of the powers of the police and those of the intelligence services, as stipulated by Law no. 51/1991, regarding national security. This separation is of paramount importance, especially in the light of the fact that none of the intelligence services entrusted with national security issues has ever had judicial police powers.

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