Restrângerea exercițiului unor drepturi și libertăți fundamentale pe durata stării de urgență. Câteva considerații asupra jurisprudenței recente a curții constituționale

Abstract

The declaration of the state of emergency in 2020, in the context of curbing the effects of the COVID-19 crisis, issued public debates referring to the constitutional and legal limits of presidential powers, the effectiveness of parliamentary and judicial control, the shape of constitutional relations between the legislative and executive powers. Several decisions of the Constitutional Court were issued concerning the constitutional powers of public authorities during crisis situations and the imperatives of limitation of fundamental rights and exercise of freedoms. The analysis of these decisions was the first trigger of the research. The first approach tries to identify the compatibility of constitutional texts to international law imperatives, to principles of rule of law and separation of powers in the context of limitation of the exercise of fundamental rights and freedoms, during emergency states. The study proposes the analysis of constitutional instruments of public authorities to put into practice an efficient management of crisis situations. The conclusions reveal the requirement of clarification and unification of the Constitutional Court jurisprudence regarding the emergency ordinances, the need to clarify fundamental law texts related to limitations of the fundamental rights and exercise of freedoms during crisis situations, as well as the necessity to strengthen the judicial control on measures issued during emergency states.

Keywords

• state of emergency
• fundamental rights and freedoms
• emergency ordinance
• presidential decree
• constitutional court.