Challenges of the Knowledge Society (Jun 2023)
THE ADMINISTRATIVE MEASURE OF ESCORTING TO THE POLICE STATION, ANALYZED IN THE RECENT JURISPRUDENCE OF THE CONSTITUTIONAL COURT REGARDING THE INDIVIDUAL FREEDOM
Abstract
Of natural origin, individual freedom is part of the category of inviolability, an essential component of first-generation civil rights, currently guaranteed by art. 23 of the Romanian Constitution and international legal acts in the field of human rights, as art. 3 of the Universal Declaration of Human Rights, Article 9 of the International Covenant on Civil and Political Rights, art. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, art. 6 of the Charter of Fundamental Rights of the European Union. The actual importance of the constitutional and legal protection mechanisms for ensuring the necessary guarantees for the observance of individual freedom also results from the cases in which the Constitutional Court, in terms of domestic legal reality, or the supranational courts, in international terms, were called to rule on possible violations of this freedom. Hence, the freedom is protected from any possible violations. The present study proposes an analysis of the recent jurisprudential aspects, highlighted in the practice of the Romanian Constitutional Court, developed as a result of the referral made by the Romanian Ombudsman regarding the violation of the provisions of art. 23 of the Constitution that establishes the inviolability of individual freedom and personal safety. The main regulations in the matter will be presented in this way, including from a historical perspective, being highlighted the legal norms, by which the measure escorting to the police station is regulated in the current legal system. The study emphasizes the effectiveness of the functioning of the fundamental institutions of state governed by the rule of law, in which the rights and freedoms of citizens represent supreme values and are concretely and effectively guaranteed.
