Abstract: When we speak of human rights and fundamental freedoms essential to the existence o f
individuals, the first thing that comes into mind is “what we must do more to protect these rights?”, “What to
do to for our freedoms not be violated?”. For this reason the mere mention of the phrase “the restriction of
certain rights and freedoms” makes us rebel against this idea and wonder if it is legally p ossible that such an
event may happen. Thus, in this paper we propose to analyze the possibility and legality 2 of restricting certain
fundamental rights and specific conditions in which this restriction can be achieved according to th e
provisions in the Constitution of Romania.
Keywords: fundamental rights, restriction of rights, the Romanian Constitution
The concept of human rights has its origins from ancient times, the concept of that time being very
different from today. Throughout its evolution, the concept was influenced by ancient thinkers (Plato,
Pericles, Aristotle, Cicero) through their works, by Christian philosophy (Thomas Aquinas) in the
Middle Ages, by the Renaissance masters (John Locke) and Enlightenment masters (Montesquieu, JJ
Rousseau) and not least, by the innovative ideas of independence revolutions, ideas enshrined in legal
documents such as the Declaration of Independence of the United States (1776) or Declaration of the
Rights of Man and of the Citizen from France (1789).
Fundamental rights have been defined as “subjective rights which are essential for physical and mental
existence of individuals, physical and intellectual development, as well as to ensure their active
participation in state governance enshrined and guaranteed by the Constitution and other laws of the
state” (Deaconu, 2011, p.191).
Increasingly frequent and sustained concerns for protection of fundamental human rights have
emerged in the twentieth century, which led to a wide-ranging European and international codification
of human rights, being able today to talk about Europeanization and internationalization of these rights
as a reality. Of the most important European and international documents, which establish in their text
fundamental human rights, we include: the Universal Declaration of Human Rights3, the International
Covenant on Economic, Social and Cultural Rights4, the International Covenant on Civil and Political
1 Senior Lecturer, PhD, Faculty of Law, “Danubius” University of Galati, Address: 3 Galati Boulevard, 800654 Galati,
Romania, Tel.: +40.372.361.102, fax: +40.372.361.290, Corresponding author: email@example.com.
2 Legality assumes respecting of the prescribed conduct by complying with the rule of law, providing a climate of respect for
values and of the social rules. (Maftei, & Coman, 2011).
3 Adopted and proclaimed by General Assembly of UNO by the Resolution no. 217 A (III) of 10 December 1948.
4 Adopted by General Assembly of UNO, 16 December 1966, ratified by Romania on 9 December 1974.