UTILIZAREA FORŢEI ÎN MENŢINEREA ORDINII PUBLICE ÎN TIMPUL PROTESTELOR: JUSTIFICARE ŞI LIMITE
USE OF FORCE IN MAINTAINING PUBLIC ORDER DURING PROTESTS: JUSTIFICATION AND LIMITS

Summary/Abstract: Protest movements are an expression of the right to assembly, which must be exercised in a peaceful manner. This constitutes a mechanism for citizens to voice disagreements or discontent with the decisions of the authorities, as well as a means in which they can signal various economic, social or political problems. Considering that the number of participants varies based on the objective and theme of the protest, the presence of law enforcement becomes necessary to prevent potential conflicts, acts of violence or destruction of property. The principle of the peaceful nature of these forms of manifestation is not always respected, thus disrupts public order and fosters an atmosphere that encourages escalation of conflicts between participants or between them and law enforcement officers for multiple reasons. In such circumstances, the intervention of the forces to preserve public order is unavoidable, however, it must be conducted in accordance with specific principles, including legality, proportionality, and necessity, while also respecting the limits of action delineated by legal norms. This article examines the concept of protest and public order, evaluates alternative methods for managing public order during assemblies, and examines the justification for the use of force to maintain public order. The objective of this paper is to evaluate the legitimate parameters of the use of force to preserve public order and to pinpoint the circumstances under which such intervention may be justified. The article aims to ascertain the extent to which the use of force is regulated and applied, emphasizing the risks associated with abuse. It also seeks to establish the legitimate boundaries of the use of force to maintain public order and the degree to which it is feasible to justify an intervention with force during a protest.

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