ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC
Currently, both internationally and nationally, the Covid-19 pandemic generates an atypical situation, with profound effects on the social and political aspects of society. The provocation of such an element of novelty is transposed also in the legal plan under the aspect of the regulations meant to...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_036.pdf |
| _version_ | 1819047470283358208 |
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| author | Simina POPESCU-MARIN |
| author_facet | Simina POPESCU-MARIN |
| author_sort | Simina POPESCU-MARIN |
| collection | DOAJ |
| description | Currently, both internationally and nationally, the Covid-19 pandemic generates an atypical situation, with profound effects on the social and political aspects of society. The provocation of such an element of novelty is transposed also in the legal plan under the aspect of the regulations meant to ensure the establishment of clear rules of conduct, with obvious impact on the fundamental rights and freedoms. The present study proposes an analysis of the relations between the Ombudsman and the Constitutional Court, fundamental institutions of the state, which contributed to ensuring respect for fundamental rights. The Ombudsman raised before the Constitutional Court a series of constitutionality issues of some normative acts which urgently regulated aspects necessary for the management of the pandemic, with implications on fundamental rights, (the right to free movement, the right to health care, the right to property, free access to justice, the right to intimate, family and private life, economic freedom). These issues to be analyzed concerned the constitutionality control of some provisions regarding the adoption of measures during the state of emergency established by the Decree of the Romanian President, the establishment of sanctions for violating the rules established in the normative acts on the state of emergency, the establishment of quarantine, the establishment of the state of alert, as well as other measures in the field of public health in situations of epidemiological and biological risk. The analysis of the activity of the two institutions highlights the efficiency of legal mechanisms that ensure the protection of fundamental rights in Romania and emphasizes, especially during this period, the need to perpetuate loyal cooperation between state authorities, in the spirit of principle and separation and balance and the rule of law, as a solid guarantee of respect for fundamental rights. |
| first_indexed | 2024-12-21T11:00:52Z |
| format | Article |
| id | doaj.art-4ca8444fa5f44b2da3473e29d134905c |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-12-21T11:00:52Z |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-4ca8444fa5f44b2da3473e29d134905c2022-12-21T19:06:21ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141622633ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMICSimina POPESCU-MARIN0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University, PhD Candidate University of Bucharest (e-mail: siminapopescu1@yahoo.com)Currently, both internationally and nationally, the Covid-19 pandemic generates an atypical situation, with profound effects on the social and political aspects of society. The provocation of such an element of novelty is transposed also in the legal plan under the aspect of the regulations meant to ensure the establishment of clear rules of conduct, with obvious impact on the fundamental rights and freedoms. The present study proposes an analysis of the relations between the Ombudsman and the Constitutional Court, fundamental institutions of the state, which contributed to ensuring respect for fundamental rights. The Ombudsman raised before the Constitutional Court a series of constitutionality issues of some normative acts which urgently regulated aspects necessary for the management of the pandemic, with implications on fundamental rights, (the right to free movement, the right to health care, the right to property, free access to justice, the right to intimate, family and private life, economic freedom). These issues to be analyzed concerned the constitutionality control of some provisions regarding the adoption of measures during the state of emergency established by the Decree of the Romanian President, the establishment of sanctions for violating the rules established in the normative acts on the state of emergency, the establishment of quarantine, the establishment of the state of alert, as well as other measures in the field of public health in situations of epidemiological and biological risk. The analysis of the activity of the two institutions highlights the efficiency of legal mechanisms that ensure the protection of fundamental rights in Romania and emphasizes, especially during this period, the need to perpetuate loyal cooperation between state authorities, in the spirit of principle and separation and balance and the rule of law, as a solid guarantee of respect for fundamental rights.http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_036.pdfombudsmanconstitutional courtfundamental rights protectionrule of lawconstitutional reviewcovid19 pandemic |
| spellingShingle | Simina POPESCU-MARIN ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC Challenges of the Knowledge Society ombudsman constitutional court fundamental rights protection rule of law constitutional review covid19 pandemic |
| title | ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC |
| title_full | ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC |
| title_fullStr | ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC |
| title_full_unstemmed | ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC |
| title_short | ROMANIAN OMBUDSMAN AND CONSTITUTIONAL COURT, DEFENDERS OF FUNDAMENTAL RIGHTS AND PARTNERS OF PUBLIC AUTHORITIES TO ENSURE THE RULE OF LAW, IN THE CONTEXT OF COVID-19 PANDEMIC |
| title_sort | romanian ombudsman and constitutional court defenders of fundamental rights and partners of public authorities to ensure the rule of law in the context of covid 19 pandemic |
| topic | ombudsman constitutional court fundamental rights protection rule of law constitutional review covid19 pandemic |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_036.pdf |
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