Some Considerations Regarding the Provisions of Article 53 of the Romanian Constitution

• Author: Marius Andreescu - Andra Puran
• Position: Curtea de Apel Pitesti, Facultatea de Drept si stiinte Administrative, Universitatea din Pitesti - Facultatea de Drept si stiinte Administrative, Universitatea din Pitesti
• Pages: 27-31

Law, Society & Organisations

Volume I, Issue 1 (1) / 2016

27

Marius ANDREESCU

Curtea de Apel Piteşti, Facultatea de Drept şi Ştiine Administrative, Universitatea din Pitești

Andra PURAN

Facultatea de Drept şi Ştiine Administrative, Universitatea din Pitești

SOME CONSIDERATIONS REGARDING

THE PROVISIONS OF ARTICLE 53 OF

THE ROMANIAN CONSTITUTION

K

eywords

Fundamental rights and liberties,

Restriction of the exercise of the fundamental rights and

liberties,

Romanian constitution,

Principle of proportionality

Abstract

An essential dimension of the lawful state is represented by the consecration and guaranteeing of the

fundamental rights and liberties, the ensuring of the optimum conditions for their exercising. The state has

the negative obligation to restrain from any arbitrary or excessive requirement that may restrict or

condition the exercise of the constitutional right. In order to be legitimate and constitutional, any

restriction of the exercise of the fundamental rights and liberties through the measures prescribed by the

state’s authorities, needs to have the character of exemption, not to affect the substance of the law and to

fulfill all conditions stipulated by item 53 of the constitution. In relation to these premises we analyze in

this study the constitutional institution of restraining some rights’ exercising and the relevant aspects of

jurisprudence. The observance of the principle of proportionality is one of the constitutional requirements

in order for such a restrictive measure to be legitimate. The main particularities of the principle of

proportionality applied in the matter of restraining some rights’ exercising are analyzed with reference to

the jurisprudence of the Constitutional Court and the European Court of Human’s Rights.