Exproprierea în contextul asigurării ordinii și securității publice
Expropriation in the context of ensuring public order and security

Summary/Abstract: The article examines the justification for expropriation in the context of protecting public order and security, emphasizing that it represents a drastic but necessary measure when the collective interests of society prevail over individual rights, such as property rights. Expropriation for public utility is legitimate in exceptional situations, such as threats to national security or serious public order disturbances, and must adhere to the principle of proportionality. This principle requires that restrictive measures be appropriate, necessary, and proportional to the intended purpose, with state interventions strictly limited to safeguarding public order and security. Moreover, the article highlights the importance of legal safeguards to prevent abuses and ensure the protection of fundamental citizens’ rights, as established by the European Court of Human Rights’ jurisprudence. In conclusion, expropriation is considered a crucial instrument for maintaining social stability but must be carried out cautiously and in compliance with the law to balance the protection of public interest and the respect for individual rights.

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