Consideraţii generale în legătură cu regimul stării de urgenţă. Repere de doctrină şi jurisprudenţă

dr. DAN CONSTANTIN MÂŢĂ

Conf. univ. - Facultatea de Drept, Universitatea "Alexandru loan Cuza" din laşi; Avocat - Baroul laşi

ABSTRACT

The state of emergency is one of the two exceptional measures regulated by the Romanian Constitution and by the Government Emergency Ordinance No 1/1999. It is a set of exceptional measures of a political, economic nature and of the nature of public order instituted when there is a serious danger for the national security and the functioning of constitutional democracy. Another legal reason to declare a state of emergency is to avoid a calamity or to exhaust the effects of a disaster. Inevitably, the measures adopted during the state of emergency lead to the restriction of the exercise of certain rights and freedoms, which is why constitutional and legal guarantees must be ensured in order for this restriction not to be abusive. The state of emergency is...