Facultatea de Drept / Faculty of Law

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    Restrângerea exercițiului unor drepturi și libertăți fundamentale prin prisma reglementărilor naționale și internaționale
    (CEP USM, 2024) Bevziuc, Alexandru
    Respect for fundamental rights and freedoms can be guaranteed only in a democratic society. In the name of national security, the exercise of fundamental rights shall be limited, restricted or suspended in application. the restriction of the exercise of the fundamental right is done for a period of time, but the right itself is not prohibited. the rationale for limiting is based on the protection of the national and individual security. the limitation of the fundamental right must be proportionate to the intended purpose, in order not to violate the Universal Declaration of Human Rights. In this article we analyzed the practical case of limitation of the right to free expression, which was established with violations. By limiting the exercise must be understood the fixing of certain boundaries in which one can act. It is a limitation of action, of using the right under unanimously recognized conditions. The conclusion of this research is the balancing of methods and means in achieving the intended goal.