RESTRICTION ON THE EXERCISE OF CERTAIN RIGHTS OR FREEDOMS: LEGISLATIVE AND JURISPRUDENTIAL STANDARDS
RESTRICTION ON THE EXERCISE OF CERTAIN RIGHTS OR FREEDOMS: LEGISLATIVE AND JURISPRUDENTIAL STANDARDS

Summary/Abstract: The notion of individual freedom, used in Article 23 of the Romanian Constitution, designates the physical possibility of a person to manifest himself within his natural limits, without being subject to any restrictions or impediments other than those established by law. Thus, as in the case of other fundamental rights and freedoms, individual freedom is not absolute, so its exercise may be restricted in the cases provided for in Article 53 of the Constitution, namely, “for the defense of national security, public order, health or morals, the rights and freedoms of citizens; the conduct of criminal proceedings; the prevention of the consequences of a natural calamity, a disaster or a particularly serious incident”. As established by Art. 53 para. (2) of the Fundamental Law, the restriction in these cases may be ordered only if it is necessary in a democratic society, and the measure must be proportionate to the situation that determined it, be applied in a non-discriminatory manner and not prejudice the existence of the right or freedom. These coordinates, established by the fundamental provisions of art. 53, have the value of a constitutional principle, being applicable to all fundamental rights and freedoms of citizens. In addition to analyzing the legislative standards that circumscribe the content of the restriction of the exercise of certain rights or freedoms, this study also aims to highlight the requirements that emerge from the jurisprudence of the Constitutional Court and the European Court of Human Rights.

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