Instrumente constituționale pentru gestionarea situațiilor de criză
Constitutional Instruments for Crisis Management

Author(s): Grigore-Florin Popescu
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Health and medicine and law
Published by: Universul Juridic
Keywords: COVID-19 pandemic; state of emergency; restriction of rights; competence; constitutionality;
Summary/Abstract: The premise of this study is given by the pandemic of COVID-19, which determined the adopting of measures, at state level, which restricted fundamental rights and freedoms in order to protect public order and health. This article will show that the state has a constitutional nature duty to intervene actively through legal means commensurate with the existing danger in order to remove the imminent threats. Practically, it will be underlined that any restriction must pursue the protection of the general interest or the rights of other persons and must be necessary and proportionate to the need to do so. In this regard, references will be made to the exceptional situations, which are limitingly provided in the Romanian Constitution. One of these situations is the state of emergency, which was declared in our country in March 2020. A constitutionality issue proposed for approach concerns the competent institutions in this matter, in accordance with the principle of state powers separation and balance. It will also be shown that the idea of constitutionality is not limited to the regulation in the Fundamental Law of exceptional situations and measures intended to return to normality, but it also involves verifying the compatibility with the Constitution of normative acts enacted in specific circumstances. In this respect, will be highlighted the control exercised by the Constitutional Court over the laws and ordinances of the Government during the health crisis, which either confirms constitutional validity or reveals defects of unconstitutionality and provides the guidelines for remedy

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