Eliza ENE-CORBEANU 125
LESIJ NO. XXVI, VOL. 1/2019
If in American la w individual autonomy is the expression of absolutism, being th e core of the
existence of social rights, Europeans did not think this notion as an independent, stand alone, supreme
relation to the other rights r ecognized by the individual but as an important, but not exclusive
component or outside any limitations or restr ictions.
In Eur opean la w, the balance between the pr otection of the general interest an d the need to
guara ntee, within reasona ble limits, respect for the right to pr ivacy was maintained.
Although Romania signed the Universal Declara tion of Human Rights in 1948, the constitutional
right to privacy did not find a distinct regula tion either in the 1848 constitution or in 1952 or in 1965.
At present, th e Romanian Constitution protects and regulates the right to private life and the
authorities ha ve the obligation to respect it.
Keywords: the constitutional cour t of Romania, the right to pr ivate life, the right to family life,
1. The proper regulation
1.1. The Right to Private Life in the
Article 26 of the Romanian
Intimate, family and private life
1. Public authorities r espect and protect
their intimate, family and private life.
2. The individual has the right to dispose
of himself if he does not violate the
rights and freedoms of others, public
order or good morals.“
Although Article 26 of the
Constitution of Romania recognizes the
right to private life with all its valences
(intimate, family), it does not define the
notions, for the simple reason that a
fundamental law does not have the role of
limiting the situations that the practice could
generate, leaving the lawyer, the courts, the
doctrine, the freedom to interpret and create
1 Article 75 Civil Code Limits: (1) Do not violate the rights set out in this section, which are permitted by law or
international human rights conventions and pacts to which Romania is a party. (2) The exercise of constitutional
rights and freedoms in good faith and in compliance with the international covenants and conventions to which
Romania is a party shall not constitute a violation of the rights provided for in this section.
1.2. The right to privacy in t he Civil
The Civil Code, which entered into
force on 1 October 2011, dedicates a whole
chapter (Chapter II) of respect for the human
being and its inherent rights, and in Section
II deals with respect for the privacy and
dignity of the human person.
According to Article 71 of the Civil
Code, every person has the right to respect
for his private life, just as no one can be
subjected to any interference in his or her
private, personal or family life, o r at home,
residence or correspondence without his
consent or without complying with the limits
laid down in Article 75 of the Civil Code1.
Particular importance is attached to
correspondence, manuscripts or other
personal documents, as well as to the
personal information of a person, which can
not be used without its consent or without
observing the limits provided by Article 75
of the Civil Code.
With a wider scope of privacy, Article
58 of the Civil Code speaks about the right