CONSIDERATIONS ON THE USE OF FORCE FOR ENSURING AND RESTORING PUBLIC ORDER
CONSIDERATIONS ON THE USE OF FORCE FOR ENSURING AND RESTORING PUBLIC ORDER

Summary/Abstract: This article addresses aspects regarding the use of force from theperspective of legality, proportionality and necessity in the dynamics of the uninterrupteduse of force, within which the respect for fundamental human rights is a major requirement. The critical issue for law enforcement is to assess the use of force, whether the level offorce was objectively reasonable, taking into account all the circumstances the gendarmefaces at the place of action and whether the use of force was the only option. The present issue is less addressed in the Romanian literature; thus, the tactical action of ensuring public order during public meetings needs to acquire profound legal valences from the perspective of respecting the right of assembly. When the situation requires it, the use offorce must be reasonably justified depending on the overall circumstances of the incident. De-escalation of violence passive or active - is achieved by mastering skills in the tactical communication, in dialogue and negotiation, embedded in the continuum use of force thatensures the safety of the participants in the protest as well as the safety of the gendarmes. This article addresses aspects regarding the use of force from theperspective of legality, proportionality and necessity in the dynamics of the uninterrupteduse of force, within which the respect for fundamental human rights is a major requirement. The critical issue for law enforcement is to assess the use of force, whether the level offorce was objectively reasonable, taking into account all the circumstances the gendarmefaces at the place of action and whether the use of force was the only option. The presentissue is less addressed in the Romanian literature; thus, the tactical action of ensuring public order during public meetings needs to acquire profound legal valences from theperspective of respecting the right of assembly. When the situation requires it, the use offorce must be reasonably justified depending on the overall circumstances of the incident. De-escalation of violence passive or active - is achieved by mastering skills in the tactical communication, in dialogue and negotiation, embedded in the continuum use of force that ensures the safety of the participants in the protest as well as the safety of the gendarmes.

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