Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?
Covid-19 Pandemic - Confirmation of the Solidity or Vulnerability of the Rule of Law?

Author(s): Viorel Gheorghe
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Published by: Universul Juridic
Keywords: pandemic; legal system; state; rule of law; statutory rules; Constitution;
Summary/Abstract: The Covid-19 pandemic provided the most concrete example of vulnerability of states, systems and the rule of law: from the need to reconfigure the state functionality to the non-compliance with national laws (found both in simple individuals and, worse, to certain policy makers), to undoubted speculations and the misinterpretation of law and the presence of abuse in the individual-state legal relationships. The suggestive title of this conference is meant to highlight both the social, ethical and legal controversies, internally, and those characteristic to the foreign policy. After the Second World War, the current pandemic and the reality in the public space generated the most complex legal controversies and debates in all areas of socio-political life, including doubts about the ability of states to ensure the rule of law. Along with the undoubted emergence of a new perspective on the evolution of the law system, we are not mistaken if we join the WHO President who said that the pandemic has created more problems than the damage caused by the Second World War, in some of the documents issued by various entities within the European Union, revealing a worrying reality. For this reason, and in this specific context, the state solidity will be directly proportional to the degree of appropriation and awareness that the rule of law emerges from the constitutional order, meaning that the rule of law is established by all legal rules issued on the basis and in accordance with the fundamental law, the Constitution

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