The Legal Concept of 'State of Emergency': A Comparison Between Romania and Other European Countries

• Author: Crina Alina Desmet
• Position: PhD student, Nicolae Titulescu University, Bucharest, Romania
• Pages: 79-88

JURIDICA

79

Crina Alina Desmet1

Abstract: We aim at identifying the characteristics of “state of emergency” in Romanian legislation,

and how it compares in international context. There is important work done on the following related

topics: the state of emergency in Romania, the state of emergency as an international concept, and

comparisons on this matter between different countries. The legal concept of “state of emergency” in

Romania is compared to that from other countries, namely France, Germany, Italy, and Hungary, as

well as put into a wider international context. In order to make this comparison, we study several laws

and the related literature review, and t hen create country-focused case studies. Romania has a

balanced, rule-of-law approach concerning the state of emergency. The probability for abuse is lower

than in other states. This paper contributes to the understanding of the concept of “state of

emergency” in Romanian law, useful for both researchers, and policy makers This subject is of the

highest relevance in the context of the 2020 state of emergency in Romania, but also because of the

lack of a paper on this topic that puts Romania at the centre of the analysis.

Keywords: state of emergency; emergency powers; state of exception; martial law

1. Introduction

The importance of the legal concept of “sta te of emergency” cannot be denied,

since it enables t he authorities to take measures for the greater good in the c ontext

of life-or -death struggles. In defining this concept, legislators from different

countries have stuck different balances between conserving the rights and freedoms

of t heir citizens, and granting more p ower to the authorities of the st ate. On one

hand, this concept is completely necessary in for a swift and adequate response in

the face of immediate and significant danger. On the other hand, it is potentially

dangerous in relation to essential human rights and freedoms

1 PhD student, Nicolae Titulescu University, Bucharest, Romania, Address: Calea Vacaresti, No. 185,

Sector 4, Bucharest 040051, Romania, Correspondig author: desmet.crina@yahoo.ro.

AUDJ, Vol. 16, No. 1/2020, pp. 79-88

The Legal Concept of “State of

Emergency”: A Comparison Between

Romania and Other European Countries