Conceptul de „securitate națională” – sublimul exercițiu al valorilor democratice ale statului de drept
The Concept of "National Security" – the Sublime Exercise of the Democratic Values of the Rule of Law

Author(s): Viorel Gheorghe
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Universul Juridic
Keywords: legal system; national security; law; norm; state;
Summary/Abstract: I think that, as the national judicial system enters a new stage, we are inclined to set benchmarks of the enforcing the law, generated by obvious requirements of social realities. In this respect, the more complex variety of risks, threats and vulnerabilities against the states, in general, and against the Romanian state in particular, generates more and more debates at the level of the legal theoreticians and practitioners, regarding the role and importance of the judicial norms having criminal and procedural character, considering the sensitive balance between security and law, as main pillars, without which the notion of state would be against the democratic life itself. The ongoing need for protection, directly proportional to the state function of social regulation, impose, both externally and internally, a „mediation”, thus the society is often provoked to debate and criticize them, generating the interventions of legal courts of the highest level, through decisions and legal solutions, having the role of harmonizing and guiding or resolving conflicts of a constitutional nature. At the national level, based on the activity of the criminal law and the criminal procedure, the roles of the Constitutional Court and the Highest Court of Casation and Justice have generated vivid legal disputes, having social consequences. Apart from these cases - sometimes of maximum visibility - one must take into consideration that these decisions and solutions are only a small part of a much broader process, whose overview must be noted from the assessment of the whole forms of solving the cases, including the „solving of some law issues” related to the philosophy and importance of the state of national security

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