Fundamentele constituţionale ale domeniului ordinii şi securităţii publice [Articol]

Abstract

Public order includes all social relations conditioned by society’s needs and which correspond to general interests, regulated by social norms, in order to ensure the inviolability of the person, honor, dignity and other values protected by law. What is related to national public order is established by the state itself, which is sovereign as regards the regulation of social relations on its territory between citizens, between citizens and its authorities, between its authorities. At the level of national legislation, in most European countries, the constitutional act specifies that the exercise of rights and freedoms must not harm public order, the public interest or good morals. Ensuring public order is a social necessity, carried out through specific activities of special bodies – public order forces, which represent authorities holding powers and attributions in matters of public order and who, by law, are given tasks in the exercise of the state’s police right. Thus, public order is the notion, the term, the generalized state that is guaranteed, first of all, by the constitutional norms. In this sense, based on the fact that the Constitution is the fundamental law of the country, all the legal construction that determines the field of public order and security must be consistent with its provisions.