DREPTUL LA LIBERĂ ÎNTRUNIRE ȘI EXIGENȚELE ORDINII PUBLICE: ECHILIBRUL JURIDIC ÎNTRE LIBERTATE ȘI SECURITATE
THE RIGHT TO PEACEFUL ASSEMBLY AND THE REQUIREMENTS OF PUBLIC ORDER: THE LEGAL BALANCE BETWEEN FREEDOM AND SECURITY

Summary/Abstract: The freedom of assembly, constitutionally enshrined and recognized as a cornerstone of participatory democracy, is currently confronted with a series of challenges arising from new security realities: the radicalization of public discourse, the risk of violent demonstrations, hybrid threats, and the media pressure exerted on public order authorities. In this context, there is an increasing need for in-depth reflection on the legitimate limits of exercising this fundamental right and on the criteria that may justify its restriction. This paper analyzes, from a legal perspective, the relationship between the freedom of assembly and the state’s obligation to guarantee public order and national security, with reference to the constitutional principles of legality, proportionality, and necessity. It argues for the need to maintain a rational balance between freedom and security, through the proportional application of public order protection measures, so that ensuring collective safety does not impair the substance of democratic freedom.

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