LEGAL REGULATIONS DURING THE MEDICAL PANDEMIC IN THE ANALYSIS
OF THE ROMANIAN CONSTITUTIONAL COURT
LEGAL REGULATIONS DURING THE MEDICAL PANDEMIC IN THE ANALYSIS
OF THE ROMANIAN CONSTITUTIONAL COURT
Author(s): Gabriel-Liviu IspasSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Health and medicine and law, EU-Legislation
Published by: Editura University Press, Universitatea de Medicina, Farmacie, Stiinte si Tehnologie “George Emil Palade” din Targu Mures
Keywords: medical pandemic; human rights; Constitutional Court; European Union; law;
Summary/Abstract: The medical pandemic COVID-19 represents not only a problem of a medical nature, but also of a legal approach. The states were not prepared for such situations, and the limited knowledge of the causes and evolution of the disease, determined an atypical legislative approach, bordering on the violation of fundamental human rights. The article presents the legislative situation of the state of emergency existing before the pandemic, then critically analyzes the legislative interventions at the national level. The important decisions of the Constitutional Court in the matter of legislation during the pandemic were analyzed, also showing how the courts reacted. A component of the study presents the doctrinal positions in the matter, as well as proposals for improving the regulation. The medical pandemic COVID-19 found the Romanian state unprepared, both in the medical component and in the legal component. With a normative act establishing the state of emergency precariously adopted, during a situation of democratic crisis, beyond the constitutional requirements, Romanian institutions have improvised, trying to create the appearance of science, of understanding the phenomenon and of effective care for the rights and freedoms of the citizen.
Journal: Curentul Juridic
- Issue Year: 90/2022
- Issue No: 3
- Page Range: 78-89
- Page Count: 12
- Language: English