Restrângerea exercițiului drepturilor și libertăților fundamentale prin decretele instituind sau prelungind starea de urgență sau de asediu și prin ordonanțele militare

Abstract

The Romanian Constitution authorizes the restriction of the exercise of fundamental rights and freedoms only by law. The decrees of the President of Romania establishing or prolonging the state of emergency or the state of siege and the military ordinances issued during these states represent administrative acts, in addition, their legal force is inferior to that of the law. In implementing the law on the legal regime of the state of siege and the state of emergency, which contains the general legal framework for restricting the exercise of fundamental rights and freedoms, decrees and military ordinances may decide which rights and freedoms and to what extent they may be subject to restriction.