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REASONS CONCERNING THE RESTRICTION OF SOME RIGHTS IN COMPLIANCE WITH THE PROVISIONS OF ART. 53 OF THE ROMANIAN CONSTITUTION

Marius Andreescu and Andra Puran
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Marius Andreescu: Judge at Court of Appeal Piteşti; University of Pitesti, Faculty of Economic Sciences and Law
Andra Puran: University of Pitesti, Faculty of Economic Sciences and Law

Law, Society & Organisations, 2020, issue 9 (2/2020), 71-80

Abstract: An essential dimension of the rule of law is the consecration and guarantee of fundamental rights and freedoms, ensuring the optimal conditions for applying them. State authorities have a negative obligation to refrain from any arbitrary or excessive interference that may limit or condition the exercise of constitutional rights. Any restriction on applying fundamental rights and freedoms by measures ordered by the state authorities must be exceptional and must comply with the conditions imposed by the Constitution but also by the relevant international legal instruments. Based on these premises, this study analyzes the constitutional institution of restricting the exercise of certain rights. It also looks into the main particularities of the principle of proportionality applied when restricting the exercise of certain rights, with references to the jurisprudence of the Constitutional Court and the European Court of Human Rights.

Keywords: State law; Fundamental rights and liberties; Restriction of the exercise of the fundamental rights; Principle of proportionality; Constitutional requirements (search for similar items in EconPapers)
Date: 2020
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