Forum Juridic (Apr 2020)

Cât durează starea de urgență?

  • Bogdan Dima

Journal volume & issue
no. 1/2020

Abstract

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In this article, I shall present the procedure for issuing a presidential decree to institute the state of emergency in accordance with art. 93 of the Constitution, as well as with Emergency Ordinance no. 1/1999 concerning the regime of the state of siege state and the regime of the state of emergency (EOG no. 1/1999). There is no maximum time limit for the duration of the state of emergency. However, there is a fundamental rule provided by EOG no. 1/1999 according to which the prolongation of the state of emergency can be disposed by the President only with the consent of the Parliament, and only for short consecutive 30 days periods. This legal guarantee against abuse of power provides an efficient control and consensus building mechanism.

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