The Legal Approach to the State of Siege from the Perspective of the Conditions for Applying Exceptional Measures

The state of siege constitutes a category of exceptional measures with a distinct legal regime, which can be instituted by the head of state in situations of serious and imminent danger to the constitutional order or national security, such as wars, acts of aggression, armed insurrections or other events that seriously threaten the functioning of the rule of law. The application of the state of siege involves the temporary restriction of fundamental rights and freedoms, such as freedom of movement, the right to assembly, the inviolability of the home or freedom of the press. These exceptional measures must comply with strict conditions: legality, necessity, proportionality and non-discriminatory character. The aim is to quickly restore public order, without abusively affecting the rights of citizens. The responsibility for ensuring the exceptional measures imposed under the state of siege lies with the military authorities, and they, together with the subordinate military structures and the civilian authorities involved, have the obligation to act within the limits of the law, under the control of the judiciary. In addition, Romania, as a state party to the European Convention on Human Rights, must notify the Council of Europe of any derogation from international obligations, according to Article 15 of the Convention, thus ensuring a balance between security and respect for fundamental rights.