This text discusses which authority should legislate during the state of emergency declared in Romania, particularly when the laws and regulations seek to limit the exercise of the fundamental rights and freedoms provided by the Constitution or to amend or suspend the existing legislative framework. The most important rights of Romanian citizens are acknowledged in the Constitution. They may only be limited under the law and only proportionally to the threat against which a response is sought. As such, the question of knowing who has the power to legislate in such exceptional circumstances becomes extremely important as a matter of principle.

Relevant highlights:

• Practice;
• Theory;
• Relevance;
• The limitation of fundamental rights is of exceptional nature;
• The fundamental rights may only be limited under the law;
• But is there time to legislate?
• Effects of the Decision of the Constitutional Court of 6 May 2020;
• How other countries have dealt with the issue;
• Conclusions.

To read the entire legal insight, please download the .pdf attached (English and Romanian).