Acta Universitatis Danubius. Juridica, Vol 16, No 1 (2020)

The Legal Concept of “State of Emergency”: A Comparison Between Romania and Other European Countries

Crina Alina Desmet


Objectives We aim to identify the characteristics of “state of emergency” in Romanian legislation, and how it compares in international context. Prior Work There is important work done on the following related topics: the state of emergency in Romania, the state of emergency as an international concept, and comparisons on this matter between different countries. Approach The legal concept of “state of emergency” in Romania is compared to that from other countries, namely France, Germany, Italy, and Hungary, as well as put into a wider international context. In order to make this comparison, we study several laws and the related literature review, and then create country-focused case studies. Results Romania has a balanced, rule-of-law approach concerning the state of emergency. The probability for abuse is lower than in other states.  Implications This paper contributes to the understanding of the concept of “state of emergency” in Romanian law, useful for both researchers, and policy makers Value This subject is of the highest relevance in the context of the 2020 state of emergency in Romania, but also because of the lack of a paper on this topic that puts Romania at the centre of the analysis. 


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