Exceptional Activism During Exceptional Times. The Case-Law of the Romanian Constitutional Court During Covid-19 pandemic
Exceptional Activism During Exceptional Times. The Case-Law of the Romanian Constitutional Court During Covid-19 pandemic

Summary/Abstract: The scope of this article is quite straightforward, as well as its research methodology. First, we are trying to make some sort of a sense amongst the older and newer constitutional and legal regimes used to manage Covid-19 pandemic in the last two years. In the first Section, we describe the constitutional and legal framework for regulating and managing extraordinary situations, such as state of emergency and state of alert. In the second Section, we present the main arguments within the Constitutional Court`s case-law adopted during the Covid-19 pandemic. This case-law refers, on one hand, to the institutional decisionmaking process during extraordinary situations and, on the other hand, to the protection of fundamental rights and liberties during the pandemic. All in all, this article is based rather on a descriptive than on an analytical research methodology. It is conceived to be useful for further research, not oriented to qualitative or analytical value-based answers regarding the way in which the Covid-19 pandemic was managed in Romania.

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