Impactul pandemiei asupra statului de drept și libertăților fundamentale ale omului. [Articol]

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 proportionality of the legislation adopted in the period of public health emergency, as well as identify efficient guarantees in the case where governments put in place exceptions, derogations, 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.