The exceptional state in Romania and France. A comparative analysis. Case study: the state of emergency
The exceptional state in Romania and France. A comparative analysis. Case study: the state of emergency

Summary/Abstract: The Romanian Constitution regulates in a limiting way exceptional states, given the “special” legal regime applicable during their development. Although the text of the French Constitution was an important source of inspiration in the process of drafting the Romanian Constitution, the regulation of exceptional states is different in the two Constitutions. For example, in Romania, the state of emergency represents one of the exceptional states regulated by the constitutional text, while in France it is regulated by Law. However, beyond the differences regarding the regulation of the exceptional state, we will be able to observe the similarities in terms of the content of the set of measures imposed by the establishment, in 2020, of the state of emergency in the two states. The main objectives of the research were the presentation of the exceptional states in Romanian and French law, the description and comparison of the state of emergency in both countries and the identification of the challenges that have arisen from this exceptional state. In order to achieve the abovementioned objectives, we used the following research methods: the historical, analytical and comparative methods and the case study. The leading results of the study are getting an overview of the regulation of the exceptional states in Romania and France and of the establishment of the state of emergency in 2020, with implications regarding the way in which the democratic states could ensure the legal order during these “special” times.

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