Statul de drept și situațiile excepționale
Rule of Law and Exceptional Situations

Author(s): Marius Andreescu, Andra Puran
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: conditions of the rule of law; guarantee of fundamental rights; exceptional situations; guarantee of the requirements of the rule of law during the state of emergency and the state of alert;
Summary/Abstract: The exceptional state declared on the territory of a country can be a possible restriction of democratic values, including for the requirements of the rule of law. In this study we analyze the legitimacy and especially the constitutionality of such a situation. In this study we analyze the most important elements and features of the rule of law with reference to contemporary realities in Romania in the context of the requirements expressed in the political and legal instruments of the European Union An important aspect of the analysis refers to the observance and guarantee of the rule of law. The state of emergency and the state of alert declared on the Romanian territory. Excessive power of public authorities, excessive politics and disrespect for the independence of the judiciary are aspects of contemporary social and state reality that contradict the requirements of the rule of law. The most significant aspects of the jurisprudence of the Constitutional Court regarding the guarantee of the attribute of rule of law are analyzed, including during the state of emergency and the state of alert.

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