PROTECŢIA DREPTURILOR FUNDAMENTALE ȊN PROCESUL DE CONSOLIDARE A SECURITĂŢII INTERNE A UNIUNII EUROPENE
FUNDAMENTAL RIGHTS PROTECTION IN THE EUROPEAN UNION INTERNAL SECURITY STRENGHTENING PROCESS

Summary/Abstract: This article aims to discuss the way in which the protection of fundamental rights and freedoms will be accomplished in a system in which such rights are recognized and protected by the Member States’ Constitutions, by the Charter of Fundamental Rights of the European Union and by the European Convention on Human Rights. It also assesses the mechanisms of limiting the exercise of fundamental rights, in consideration of collective rights and public interests, concerning national security, public order and penal prevention, which is always a sensitive maneuver in terms of regulation; it is necessary to maintain a fair balance between the interests and rights of individuals on one hand, and those of society, on the other hand, while strengthening the European Union's internal security, which recently is facing increasingly acute challenges for the safety of its own citizens. The article assesses as well the process of drafting national legislation over the years, between national security interest and human rights compliance. Lastly, the relationship between the Constitutional Court of Romania and the European Court of Justice, relationship that could be imposed by the provisions in the Constitution of Romania, is discussed.

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