SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION
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...
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| Format: | Article |
| Language: | English |
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Fundația Română pentru Inteligența Afacerii
2016-12-01
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| Series: | Law, Society & Organisations |
| Subjects: | |
| Online Access: |
http://seaopenresearch.eu/Journals/articles/LSO_1_4.pdf
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| _version_ | 1819001260652625920 |
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| author | Marius ANDREESCU Andra PURAN |
| author_facet | Marius ANDREESCU Andra PURAN |
| author_sort | Marius ANDREESCU |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-20T22:46:23Z |
| format | Article |
| id | doaj.art-c3015d403b824025896f4412492304bf |
| institution | Directory Open Access Journal |
| issn | 2537-477X |
| language | English |
| last_indexed | 2024-12-20T22:46:23Z |
| publishDate | 2016-12-01 |
| publisher | Fundația Română pentru Inteligența Afacerii |
| record_format | Article |
| series | Law, Society & Organisations |
| spelling | doaj.art-c3015d403b824025896f4412492304bf2022-12-21T19:24:21ZengFundația Română pentru Inteligența AfaceriiLaw, Society & Organisations2537-477X2016-12-01I1 (1/2016)2731lawsor:y:2016:i:1:27-31SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTIONMarius ANDREESCU0Andra PURAN1 Curtea de Apel Piteşti, Facultatea de Drept şi Ştiinţe Administrative, Universitatea din Pitești Facultatea de Drept şi Ştiinţe Administrative, Universitatea din Pitești 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. http://seaopenresearch.eu/Journals/articles/LSO_1_4.pdf Fundamental rights and libertiesRestriction of the exercise of the fundamental rights and libertiesRomanian constitutionPrinciple of proportionality |
| spellingShingle | Marius ANDREESCU Andra PURAN SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION Law, Society & Organisations Fundamental rights and liberties Restriction of the exercise of the fundamental rights and liberties Romanian constitution Principle of proportionality |
| title | SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION |
| title_full | SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION |
| title_fullStr | SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION |
| title_full_unstemmed | SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION |
| title_short | SOME CONSIDERATIONS REGARDING THE PROVISIONS OF ARTICLE 53 OF THE ROMANIAN CONSTITUTION |
| title_sort | some considerations regarding the provisions of article 53 of the romanian constitution |
| topic | Fundamental rights and liberties Restriction of the exercise of the fundamental rights and liberties Romanian constitution Principle of proportionality |
| url |
http://seaopenresearch.eu/Journals/articles/LSO_1_4.pdf
|
| work_keys_str_mv | AT mariusandreescu someconsiderationsregardingtheprovisionsofarticle53oftheromanianconstitution AT andrapuran someconsiderationsregardingtheprovisionsofarticle53oftheromanianconstitution |