Constitutional Requirements regarding the Restriction of the Exercise of Fundamental Rights during the Pandemic

Authors

  • Anca-Jeanina Nita

Abstract

Following the official recognition, by the World Health Organization (W.H.O.) of the COVID-19 pandemic, nation states have adopted specific measures to prevent infections and combat the pandemic The governments of a large number of states have reacted to the pandemic as a matter of national security; some member countries of the Council of Europe - including Romania have resorted to the right of derogation stipulated by the art. 15 of the European Convention on Human Rights.

References

Decision no. 152 of May 6, 2020 - published in Official Monitor no. 387 of May 13, 2020; Decision no. 157 of May 13, 2020 - published in Of. M. no. 397 of May 15, 2020; Decision 457 of June 25, 2020 - published in Of. M.no. 578 of July 1, 2020; Decision no. 392 of June 8, 2021 - published in Of. M. no. 688 of July 12, 2021; Decision no. 672 of October 20, 2021 - published in Of. M. no. 1030 of October 28, 2021.

G.D. no. 1183/2021, Minuta / the in brief sentence of the decision available on the website http://portal.just.ro /2/SitePages/Dosar.aspx?id_dosar=200000000401610&id_inst=2.

http://www.rolii.ro/hotarari/6157be23e49009e80f000039,

https://avp.ro/wp-content/uploads/2020/09/raport_special_2020_3-1.pdf.

https://search.coe.int/cm/pages/result_details.aspx?objectid=0900001680a4d218.

https://www.consilium.europa.eu/ro/press/press-releases/2020/05/05/declaration-by-the-high-representative-josep-borrell-on- on behalf-of-eu-on-human-rights-in-the-times-of-the-coronavirus-pandemic/.

https://www.luju.ro/static/files/2021/octombrie/28/Sentinta_fond_CASD__ER.pdf,

International organization, established on April 7, 1948, with its headquarters in Geneva, with the role - established in its Constitution - of maintaining in the best condition the health of populations all over the world.

Pivniceru, Mona-Maria & Benke, Karoly (2015). The reception of the principle of proportionality in the jurisprudence of the Constitutional Court of Romania. German constitutional influences. Constitutional Law Review, no. 1, p. 64.

Popa, Nicolae (2012). General theory of law. Bucharest: C.H. Beck.

The Charter - drawn up by the Council of Europe, in Turin (Italy), on October 18, 1961 and entered into force on February 26, 1965, stipulates a European regional system of protection for economic and social rights.

The official establishment of December 10 as “International Human Rights Day” took place at the 317th plenary session of the General Assembly, on December 4, 1950, when the General Assembly declared Resolution 423, inviting all member states, as well as any other organizations interested in celebrating this day.

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Published

2022-12-22

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Section

Articles