CONSIDERATIONS REGARDING THE LEGISLATOR’S CHALLENGES WHEN IT COMES TO DEFINING THE THREATS TO NATIONAL SECURITY
CONSIDERATIONS REGARDING THE LEGISLATOR’S CHALLENGES WHEN IT COMES TO DEFINING THE THREATS TO NATIONAL SECURITY

Summary/Abstract: The interpretation of the national security concept represents a challenge for the institutions involved in ensuring the national security and removing the threats to the latter, and also for the doctrine and the case law. The challenge is all the more apparent as through the specific activities of intelligence, allowed by the legislator, in the case of the identification of threats to the national security, a restriction of human rights and fundamental freedoms is carryout. In the following, we aim to analyze the interpretation that the Constitutional Court and the European Court of Human Rights have granted the concept of national security. Given the diversity and the complexity of the threats which can affect the national security, and also their dynamic, it has been noted that a definition of the national security notion by a exhaustive indication of the actions which are able to constitute threats to the national security cannot be realized. Such a definition would prove to be inadequate and would put the legislator in the situation in which he must operate permanent amendments, according to the changes in the criminal environment and the innovations in the modus operandi of the persons who aim to commit offences which can affect the national security. However, the recent case-law of the Constitutional Court proves that it is necessary that the legislator finds a balance between the use of open provisions and the ensurance of clear and predictable provisions.

• Details
• Contents