Drepturile şi libertăţile cetăţeneşti în contextul realizării securităţii naţionale. Mandatul de securitate naţională.
Citizens' Rights and Freedoms in the Context of National Security. National Security Mandate.

Author(s): Cristian Popa, Romeo-Ioan Gârz
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: national security; fundamental rights and freedoms; restraining the exercise.
Summary/Abstract: The enactment of national security must aim at the achievement of a legal framework for the immediate necessities of a state law, that is to own intelligence specialized institutions, to enable them with powers, sufficient to ensure learning, preventing and counteracting any action that might represent a threat to the national security, to preserve the state lawfulness, the balance and the social,economic and political stability, which are the perequisites for the existence and the development of the national Romanian state, as a sovereign, independent, unitary, indivisible entity, maintaining the constitutional order as well as carrying out the proper climate for free exercise of the rights, liberties and the fundamental duties, as stated by the Constitution.The law of the national security consists of stipulations meant to ensure the protection of the fundamental rights and liberties of the citizens in relation to the means used to obtain the intelligence as well as to the measures of preventing, learning, or counteracting, carried out by the national institutions empowered to act as such.These regulations aim to eliminate any possibility of ignorance, harm or infringement of the fundamental rights and liberties, as they consist of a plethora of juridical premises that convey the activity of the national institutions commissioned for this purpose, into a necessay and possible activity, within a climate of fully preserving the fundamental rights and liberties.The situations defined by art. 3 from Law nr 51/1991 are considered threats to the national security and represent the legal basis for the commissioned government institutions to take steps in order to obtain the national security warrant in view of carrying out actions, that aim at and justify the temporary limitation of the fundamental rights and liberties

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