Starea excepțională instituită / declarată constituțional, condiție a măsurilor derogatorii privind drepturile omului

Abstract

Unlike human rights interferences, which constitute a restriction on human rights during normal periods, human rights derogations are severe and widespread restrictions in exceptional cases. They are authorized only in one of the four exceptional states expressly and exhaustively listed in the Constitution: the state of war, the state of mobilization of the armed forces, the state of siege and the state of emergency. The state of alert, regulated only by law, does not represent a state in which derogatory human rights measures can be used.

Keywords

• human rights
• derogations
• constitutional regime
• legislative regime
• state of war
• state of mobilization of the armed forces
• state of siege
• state of emergency
• state of alert