Libertatea de exprimare și tăcerea în dreptul constituțional. Semnificații juridice
Freedom of expression and silence in constitutional law. Legal meaning

Summary/Abstract: Freedom of expression is an important form of human freedom, which, when transposed into a legal form, also becomes a fundamental constitutionally enshrined right. In this study, we analyze the main doctrinal and jurisprudential aspects of freedom of expression. In the context of the development of information technology in the field of communication, important aspects of constitutional jurisprudence regarding the protection of freedom of expression are analyzed, especially in the situation where the exercise of this fundamental right could be conditioned or restricted. Silence in Romanian constitutional law, in our opinion an aspect of freedom of expression Silence, does not represent a simple absence of an action, but a procedural act or a manifestation of will with specific legal effects, expressly regulated or interpreted jurisprudentially. This can be a form of adoption of normative acts (tacit adoption) or a form of consent within the framework of approval procedures (tacit approval). In this study, we analyze the legal meanings of silence as a fundamental constitutional right. In the Romanian Constitution, the right to silence is a component of the right to defense (Article 24) and the right to a fair trial (Article 21). It is also implicitly enshrined in the provisions of Article 30 of the Constitution. We analyze aspects of doctrine intern and international jurisprudence regarding the constitutional meanings of silence.

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