CONSIDERAŢII ASUPRA DECIZIILOR NR. 152/2020, NR. 236/2020 ŞI NR. 458/2020 ALE CURŢII CONSTITUŢIONALE A ROMÂNIEI
CONSIDERATIONS ON THE DECISIONS NO. 152/2020, NO. 236/2020 AND NO. 458/2020 OF THE CONSTITUTIONAL COURT OF ROMANIA

Summary/Abstract: In the present study we will comment three of the most recent decisions of the Constitutional Court of Romania in the frame of the control of constitutionality, under some controversial aspects. The first decision deals with the Emergency Ordinance of the Government relative to the emergency and siege state no. 1/1999, more precisely with the fact that the fundamental rights and freedoms whose exercise may be restricted under the emergency or siege state are effectively mentioned or not in the Ordinance, considering that the Presidential Decree which proclaimed the emergency state must be based in this respect on the Ordinance, i.e. it may not regulate primarily the measures of restriction of the exercise of the fundamental rights and freedoms. The second decision deals with art. 118 of the Procedural Criminal Code, which provides that the testimony of the witness who, in the same file, prior to or following the testimony had or acquired the capacity of suspect or accused may not be used against him; the debate was on the fact if the protection of the witness against the self-incrimination is sufficient or not. The third decision deals, amongst others, with the measures related to the prevention and the management of the emergency situations generated by epidemics, the question being if this kind of measures, taken by the minister of Health, may suppose also restrictions of the exercise of the fundamental rights and freedoms.

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