THE LEGAL ORDER DURING THE STATES OF EXCEPTION CASE STUDY: THE STATE OF EMERGENCY
THE LEGAL ORDER DURING THE STATES OF EXCEPTION CASE STUDY: THE STATE OF EMERGENCY

Summary/Abstract: The purpose of this research include presenting the four states of exception provided by the Constitution of Romania, with a case study on the state of emergency. Regarding this state of exception we will consider: analyzing the context, the process of instituting, and the implications of the state of emergency instituted in 2020, and identifying specific legal modalities of maintaining the legal order throughout this state of exception. Decreeing of the state of emergency required taking of some immediate emergency measures applicable directly and immediately, respectively immediate emergency measures applicable gradually which had implications in several domains, namely public order, economic, health, labour and social protection, justice, foreign affairs; but, certainly, the implications resulted from the need to restrict the exercise of certain fundamental human rights and freedoms had a great importance. We consider that, in addition to the aspects related to the usefulness of a better regulation of the state of emergency, the authorities with a role in the management of the health crisis should have paid more attention to the actions aimed at correctly and completely informing the population about the need to adopt the respective measures.

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