Constituţionalitatea restrângerii exerciţiului unor drepturi şi libertăţi în situaţii excepţionale

Lector. univ. dr. Marius ANDREESCU

Universitatea din Piteşti

ABSTRACT

The Romanian Constitution uses a simple and efficient procedure for regulating the restriction of the exercise of certain rights and freedoms (common circumstances), through the provisions of a single article. The provisions of art. 53 allow the restriction of the exercise of some fundamental rights and freedoms, but only conditionally. The issue of interpretation and application of the provisions of art. 53 presents a special complexity because the restrictions may concern the exercise of any fundamental right or freedom enshrined and guaranteed by the Constitution, except for those considered to be absolute. The complexity is also due to the diversity of concrete situations that justify the restriction of the exercise of certain rights.

The rules established by the provisions of art. 53 have the value of a constitutional...