IMPACTUL PANDEMIEI ASUPRA STATULUI DE DREPT ŞI LIBERTĂȚILOR FUNDAMENTALE ALE OMULUI

Abstract

Finding a balance between fundamental liberties, on the one hand, and the public health policies required for overcoming the crisis wrought by the pandemic, on the other hand, is a difficult task. In this context, it is essential to evaluate the necessity and proporti- onality of the legislation adopted in the period of public health emergency, as well as iden- tify efficient guarantees in the case where governments put in place exceptions, derogati- ons, or restrictions on human rights. More specifically, these limitations on human rights need to be examined according to the tests of legality, legitimacy, and proportionality.