Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic

<p>The COVID-19 pandemic was a genuine stress test for societies around the globe. Societal values were put under public scrutiny, while fear reigned supreme allowing large margins of maneuver for governments in taking restrictive measures promising at least to win some time for health systems...

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Main Authors: Laura Ștefan, Cezara Grama
Format: Article
Language:English
Published: Babes-Bolyai University, Cluj-Napoca 2020-12-01
Series:Transylvanian Review of Administrative Sciences
Subjects:
Online Access:https://rtsa.ro/tras/index.php/tras/article/view/649
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author Laura Ștefan
Cezara Grama
author_facet Laura Ștefan
Cezara Grama
author_sort Laura Ștefan
collection DOAJ
description <p>The COVID-19 pandemic was a genuine stress test for societies around the globe. Societal values were put under public scrutiny, while fear reigned supreme allowing large margins of maneuver for governments in taking restrictive measures promising at least to win some time for health systems to adapt to the new challenges. Along with health systems governments, judicial systems and societies at large had to change the way they function to face the pandemic. In this paper we will present a case study on Romania and the usage of sanctioning mechanisms by the Police and Gendarmerie during the state of emergency, March 16–May 14, 2020. We will explore the challenges regarding the adoption of a sound legal basis for restrictive measures in line with the constitutional provision and the actual implementation of these restrictions with a focus on the performance of two enforcement institutions – the Romanian Police and the Gendarmerie – in this process. In times of crisis, or particularly in times of crisis when the government enjoys even more power than usual, the governmental action must be transparent to build trust and ensure that abuses do not happen. Moreover, the data gathered during the first wave of COVID-19 could help shape public policies for the subsequent waves with the view to improve efficiency while possibly decreasing the restrictions of human rights.</p>
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spelling doaj.art-3dc27ef1e05f42e58801abbcf44b16982024-03-14T07:28:38ZengBabes-Bolyai University, Cluj-NapocaTransylvanian Review of Administrative Sciences1842-28452020-12-0116SI12114810.24193/tras.SI2020.8682Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 PandemicLaura Ștefan0Cezara Grama1Executive director, Expert Forum Association, Bucharest, Romania PhD candidate, Doctoral School of Administration and Public Policy, Faculty of Political, Administrative and Communication Sciences, Babeș-Bolyai University, Cluj-Napoca, RomaniaLegal counsellor, Expert Forum Association, Bucharest, Romania<p>The COVID-19 pandemic was a genuine stress test for societies around the globe. Societal values were put under public scrutiny, while fear reigned supreme allowing large margins of maneuver for governments in taking restrictive measures promising at least to win some time for health systems to adapt to the new challenges. Along with health systems governments, judicial systems and societies at large had to change the way they function to face the pandemic. In this paper we will present a case study on Romania and the usage of sanctioning mechanisms by the Police and Gendarmerie during the state of emergency, March 16–May 14, 2020. We will explore the challenges regarding the adoption of a sound legal basis for restrictive measures in line with the constitutional provision and the actual implementation of these restrictions with a focus on the performance of two enforcement institutions – the Romanian Police and the Gendarmerie – in this process. In times of crisis, or particularly in times of crisis when the government enjoys even more power than usual, the governmental action must be transparent to build trust and ensure that abuses do not happen. Moreover, the data gathered during the first wave of COVID-19 could help shape public policies for the subsequent waves with the view to improve efficiency while possibly decreasing the restrictions of human rights.</p>https://rtsa.ro/tras/index.php/tras/article/view/649covid-19 sanctionsconstitutionsstate of emergencyaccess to informationpolicegendarmerie.
spellingShingle Laura Ștefan
Cezara Grama
Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
Transylvanian Review of Administrative Sciences
covid-19 sanctions
constitutions
state of emergency
access to information
police
gendarmerie.
title Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
title_full Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
title_fullStr Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
title_full_unstemmed Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
title_short Rule of Law in Tough Times–A Case Study on the Romanian Sanctioning Policy During the COVID-19 Pandemic
title_sort rule of law in tough times a case study on the romanian sanctioning policy during the covid 19 pandemic
topic covid-19 sanctions
constitutions
state of emergency
access to information
police
gendarmerie.
url https://rtsa.ro/tras/index.php/tras/article/view/649
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AT cezaragrama ruleoflawintoughtimesacasestudyontheromaniansanctioningpolicyduringthecovid19pandemic