SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION

Marius Andreescu and Andra Puran
Additional contact information
Marius Andreescu: Curtea de Apel Piteşti, Facultatea de Drept şi Ştiinţe Administrative, Universitatea din Pitești
Andra Puran: Facultatea de Drept şi Ştiinţe Administrative, Universitatea din Pitești

Law, Society & Organisations, 2016, issue 1(1), 27-31

Abstract: An essential dimension of the lawful state is represented by the consecration and guaranteeing of the fundamental rights and liberties, the ensuring of the optimum conditions for their exercising. The state has the negative obligation to restrain from any arbitrary or excessive requirement that may restrict or condition the exercise of the constitutional right. In order to be legitimate and constitutional, any restriction of the exercise of the fundamental rights and liberties through the measures prescribed by the state’s authorities, needs to have the character of exemption, not to affect the substance of the law and to fulfill all conditions stipulated by item 53 of the constitution. In relation to these premises we analyze in this study the constitutional institution of restraining some rights’ exercising and the relevant aspects of jurisprudence. The observance of the principle of proportionality is one of the constitutional requirements in order for such a restrictive measure to be legitimate. The main particularities of the principle of proportionality applied in the matter of restraining some rights’ exercising are analyzed with reference to the jurisprudence of the Constitutional Court and the European Court of Human’s Rights.

Keywords: Fundamental rights and liberties; Restriction of the exercise of the fundamental rights and liberties; Romanian constitution; Principle of proportionality (search for similar items in EconPapers)
Date: 2016
References: Add references at CitEc
Citations:

Downloads: (external link)
http://seaopenresearch.eu/Journals/articles/LSO_1_4.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cmj:lawsor:y:2016:i:1:27-31

Access Statistics for this article

Law, Society & Organisations is currently edited by Romanian Foundation for Business Intelligence

More articles in Law, Society & Organisations from Romanian Foundation for Business Intelligence, Editorial Department
Bibliographic data for series maintained by Serghie Dan ().