SIGURANȚĂ VS. LIBERTATE
SIGURANȚĂ VS. LIBERTATE

Summary/Abstract: „The conflict” between the necessity of protecting the liberty, especially the right to privacy, and, on the other hand, the necessity of providing a general, national security, derived from the same respect given to the human, is merely closed, even now, given the democratic society in which those needs arise. The aim of this scientific approach is to find the proper balance, or a compromise between these two parties of the „conflict”, taking into account that those interests are not as divergent as they might seem, mostly because they follow the same pattern and have the same reasoning - the complete exercise of the human rights. In another words, the whole national security system is designed to fulfill the supreme purpose of liberty and to guarantee the human rights, being only a mean, and not substituting to the real aim, as we tend nowadays to believe. Also, the prerogative of using restrictive methods in order to provide the functionality of the national security system is given to the state and the authorities due to the theory of the social contract between the state and the citizens. The problem arises when the limits of legality are damaged and these means contradict the concept of rule of law.

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