Reasons Concerning the Restriction of Some Rights in Compliance With the Provisions of art. 53 of the Romanian Constitution

• Author: Marius Andreescu - Andra Puran
• Position: University of Pitesti, Faculty of Economic Sciences and Law
• Pages: 71-80

Law, Society & Organisations

Volume V, Issue 9 (2 / 2020)

71

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

REASONS CONCERNING THE

RESTRICTION OF SOME RIGHTS IN

COMPLIANCE WITH THE PROVISIONS

OF ART. 53 OF THE ROMANIAN

CONSTITUTION

K

eywords

State law;

Fundamental rights and liberties;

Restriction of the exercise of the fundamental rights;

Principle of proportionality;

Constitutional requirements;

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 freedom s 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.