Juridical Aspects Regarding the Exceptional Measures Imposed during the State of Emergency

2020 ◽  
Vol 26 (2) ◽  
pp. 237-241
Author(s):  
Alexandru Stoian
Keyword(s):  
The State ◽  
Fundamental Rights ◽  
World Health ◽  
Public Order ◽  
Constitutional Democracy ◽  
State Of Emergency ◽  
International Context ◽  
The Public ◽  
Health Organization ◽  
Fundamental Rights And Freedoms

AbstractAccording to art. 20 of the Emergency Ordinance no. 1/1999 of the Romanian Government, the state of emergency imposes “non-military measures of public order and it is instituted in case of special threats to the national security or to the functioning of the constitutional democracy, as well as in the case of different disasters”. The requirement to implement economic, social or political measures in the case of the state of emergency is directly dependent on the progressive nature of the danger. During the state of emergency, the exercise of fundamental rights and freedoms may be restricted and important responsibilities of the public administration authorities are subordinated to the competence of the public order authorities, specified in the decree establishing the state of emergency. The spread of the SARS-CoV2 coronavirus, in the international context of the declaration of the pandemic by the World Health Organization, led to the adoption by the Decree of the President of Romania no. 195 of March 16, 2020 on the establishment of the state of emergency on the territory of Romania, which had important consequences in terms of restriction on the exercise of fundamental rights and freedoms.

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

scholarly journals Price Gouging During a Pandemic: The Federal Government’s Response

2020 ◽  
Vol 48 (4) ◽  
pp. 33
Author(s):  
Marissa Rydzewski
Keyword(s):  
Federal Government ◽  
World Health ◽  
State Of Emergency ◽  
Health Crisis ◽  
The Public ◽  
The Us ◽  
Fraudulent Activity ◽  
The Many ◽  
Health Organization ◽  
Price Gouging

On March 11, 2020, the World Health Organization (WHO) characterized the COVID-19 outbreak as a pandemic. Two days later, the US president declared a state of emergency in Proclamation No. 9994. One of the many problems that arise with a public health crisis is the shortage of essential medical supplies like ventilators, masks, and hand sanitizer. When these items become scarce, some businesses or entrepreneurs try to inflate their prices to make a higher profit when they know they can still sell these necessary items. These high costs on goods during disasters or emergencies can seem unfair and make it difficult for those who need them able to afford them. During these stressful times, it’s important for Americans to recognize and report price gouging when they suspect fraudulent activity when purchasing items. Where do people find the authority on anti-price gouging laws? Typically, it is each state’s responsibility, however, in times of crisis, the federal government could also do what is necessary to protect the public interests. This paper will assist people in understanding what price gouging is, how to recognize when price gouging is occurring, and how to report it. Additionally, this paper will address what responsibility the federal government has to protect Americans from price gouging schemes in times of crisis and what it is currently implementing to prevent these fraudulent actions.

Challenges to the Fundamental Rights and Freedoms Including Patient Rights During the COVID-19 Pandemic in Turkey

2022 ◽  
pp. 124-147
Author(s):  
Maral Törenli Çakıroğlu
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Patient Rights ◽  
Fundamental Rights ◽  
World Health ◽  
The World ◽  
Experience Effects ◽  
Health Organization ◽  
Fundamental Rights And Freedoms ◽  
The Right

The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer.

scholarly journals Romania: derogation from the European Convention on Human Rights – freedom of expression during public emergency

2021 ◽  
pp. 39-54
Author(s):  
Mónika Márton
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
State Of Emergency ◽  
European Court ◽  
Public Emergency ◽  
Fundamental Rights And Freedoms

A pandemic can provide a textbook example for the restrictions of fundamental rights and freedoms. Romania has decided to derogate from the application of the European Convention on Human Rights during the state of emergency caused by the COVID-19 pandemic. The questions discussed in this paper are whether the derogation of Romania fulfils the criteria established by the case-law of the European Court of Human Rights. If the answer is affirmative: does it have any effect on the inherent limitations on the freedom of expression as stated in art. 10 of ECHR?

scholarly journals State of emergency for reasons of national security

2020 ◽  
pp. 37-57
Author(s):  
ANDREI-NICOLAE POPA
Keyword(s):  
National Security ◽  
The State ◽  
Fundamental Rights ◽  
Legal Institutions ◽  
Main Argument ◽  
State Of Emergency ◽  
Fundamental Rights And Freedoms

This article begins from the hypothesis that the state of emergency should be able to be established only for reasons of national security. The main argument is that a state of emergency should be established for causes of an exceptional nature and other than those for which the exercise of fundamental rights and freedoms is currently restricted. The content of this article demonstrates that the state of emergency is a defensive- offensive act through which the state temporarily suspends some legal institutions, replacing them with others, to protect the existence of the state itself (seen as population, territory, sovereignty), this being the supreme value. protected by such measures

Controversy in Deprivation of Citizenship on Charges of Terrorism and Separatism

2018 ◽  
Vol 8 (7) ◽  
pp. 2103
Author(s):  
Bogdan DEREVYANKO ◽  
Evgeniy ZOZULYA
Keyword(s):  
Economic Benefits ◽  
The State ◽  
Fundamental Rights ◽  
Modern World ◽  
The Public ◽  
Stage Of Development ◽  
Primitive Society ◽  
Analysis And Synthesis ◽  
Sociological Approaches ◽  
Fundamental Rights And Freedoms

The manuscript deals with the issues of reasonability of involuntary loss of citizenship of Ukraine and presentation of conclusions to the public, including politicians and legislators. Research was conducted using normative, sociological approaches, methods of induction and deduction, analysis and synthesis, comparison and contrast to compare the penalty of deprivation of citizenship (allegiance) in modern world with the exile from tribe at the time of primitive society and from the state in ancient times; the manuscript provides a list of benefits and privileges (with focus on civil, political, social, economic, humanitarian rights and freedoms) of the citizens of Ukraine, which, accordingly, may be lost in the event of involuntary loss of citizenship of terrorism and separatism suspects. Such measure would have a serious effect of punishment if the state guaranteed fundamental rights and freedoms of citizens of Ukraine to the extent defined by internationally recognized standards, significant economic benefits for the citizens of Ukraine, or inability to obtain citizenship of another state. Conclusion was made about the inexpediency of introduction of such penalties at the current stage of development of the economy and civil society in Ukraine.

scholarly journals Problems of digital transformation of film distribution

E-Management ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 4-12
Author(s):  
A. R. Akopyan ◽  
A. M. Arakelyan ◽  
Y. V. Vorontsova ◽  
V. V. Krysov
Keyword(s):  
National Policy ◽  
The State ◽  
Fundamental Rights ◽  
Russian Government ◽  
Digital Platforms ◽  
The Public ◽  
Movie Theaters ◽  
Film Distribution ◽  
Russian Film ◽  
Fundamental Rights And Freedoms

The article provides a brief overview of the emergence of the legal market of online cinemas in Russia. The paper reveals that the Governments of many countries have a national policy that is aimed at maintaining internal programming on traditional video platforms. Such policies range from licensing, which requires serving the “public interest” and defines rules for the distribution of certain types of content produced domestically, to requiring content distributors to contribute to the financing of the production of domestic content. The authors investigate that during the implementation of these rules, the Russian government decided on the allocation of limited resources. There was also regulation on whether platforms can solely decide what content to offer their users, or whether viewers should also participate directly. The study concludes that the transition from traditional platforms to online distribution can reduce the effectiveness of existing regulatory regimes and deprive traditional platforms of audience and revenue.The world and Russian experiences of using the Internet prove that today modern information and telecommunications technologies can contain real threats to the violation of fundamental rights and freedoms of citizens, as well as to question the security of society and the state. The only exceptions are progressive or innovative areas related to the provision of new services and the expansion of opportunities for socio-economic development.As a result of the study, the paper identified four problems of Russian film distribution on digital platforms. The authors chose piracy as the first problem of online cinemas. Pirate sites not only illegally copy content from online movie theaters, but they also create copies of their own services to transfer their servers to another platform in case of blocking. The second problem was highlighted by the requirement for foreign owners. The third problem was highlighted by the high cost of online movie theater subscriptions. The authors consider the fourth problem the lack of financial support from the state.

scholarly journals Freedom or Security in Russia: The False Choice

2019 ◽  
pp. 59-67
Author(s):  
Irina Fan
Keyword(s):  
Social Constructivism ◽  
Public Discourse ◽  
The State ◽  
Fundamental Rights ◽  
Political Elite ◽  
Constitutional Rights ◽  
State Control ◽  
The Public ◽  
Liberal Democratic ◽  
Fundamental Rights And Freedoms

The paper aims to study the problem of enhanced tendency of the state to limit citizens’ fundamental rights and freedoms, globally and in Russia, justifying it with the need to provide security. Two major approaches to the ratio of freedom and security can be identified in the Russian public discourse – neo-conservative and liberal-democratic. The author uses the concept of social constructivism as a methodology basis for the research to analyze these approaches’ content and ways of constructing them. A contradiction has always exists between the individual’s right for freedom and pursuit of security. However, the specific way of solving it depends on the type of political system and the role of the political elite. The following results were obtained. People’s basic need for security is used by the Russian political elite as a justification for any state policy measures, including limitation of citizens’ constitutional rights and freedoms and curtailing democratic institutions and practices. This is implemented by establishing the state control of mass media, manipulating the public opinion through propaganda, as well as funding the security apparatus in ways not controlled by the society. Security instead of freedom is a false choice imposed on the population by the authorities. Achieving security and freedom is not mutually contradictory; it is mutually determining under conditions of an effective rule-of-law state.

scholarly journals Legal Aspects of the State of Emergency versus the Fundamental Rights and Freedoms of the Citizen

2020 ◽  
Vol 8 (2) ◽  
pp. 35-43
Author(s):  
Gabriela Nemtoi ◽  
Eugenia Gabriela Leuciuc
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Fundamental Rights ◽  
Legal Regime ◽  
State Of Emergency ◽  
Legal Provisions ◽  
The Law ◽  
Fundamental Rights And Freedoms ◽  
Constitutional Meaning ◽  
Emergency Measures

In Romania, the state of siege and state of emergency is regulated by GEO no. 1/1999 approved by Law no. 453/2004 of the Romanian Parliament. The emergency ordinance expressly provides that the decree of the President of Romania on the establishment of a state of emergency or state of siege must provide for first-line, emergency measures to be taken in such situations, namely the fundamental rights and freedoms whose exercise is restricted, within the limits of the constitutional provisions and of the emergency ordinance. In relation to the above constitutional and legal provisions, arises the question what does it mean that the President establishes, according to the law, the state of siege or emergency? What is the constitutional meaning of the phrase "establish, according to the law"? Does it refer to the fact that the President has only the power to declare a state of emergency or a state of siege, under the subsequent control of a Parliament which enjoys only the power to approve the measure? Or does it refer to the fact that the President has the competence to implement / execute the provisions of the law that establishes the legal regime of the state of siege or of the state of emergency in Romania? In this context, it is necessary to look at the limits of the fundamental rights and freedoms of the citizen in the event of a state of emergency.

Novel Coronavirus 2019 Outbreak: A Global Epidemic

2020 ◽  
Vol 17 (12) ◽  
pp. 1458-1464
Author(s):  
Sweta Kamboj ◽  
Rohit Kamboj ◽  
Shikha Kamboj ◽  
Kumar Guarve ◽  
Rohit Dutt
Keyword(s):  
World Health ◽  
Upper Respiratory Tract ◽  
Global Epidemic ◽  
The Public ◽  
The Government ◽  
Tract Disease ◽  
The 1960S ◽  
Novel Coronavirus ◽  
Health Organization ◽  
The Impact

Background: In the 1960s, the human coronavirus was designated, which is responsible for the upper respiratory tract disease in children. Back in 2003, mainly 5 new coronaviruses were recognized. This study directly pursues to govern knowledge, attitude and practice of viral and droplet infection isolation safeguard among the researchers during the outbreak of the COVID-19. Introduction: Coronavirus is a proteinaceous and infectious pathogen. It is an etiological agent of severe acute respiratory syndrome (SARS) and the Middle East respiratory syndrome (MERS). Coronavirus, appeared in China from the seafood and poultry market last year, which has spread in various countries, and has caused several deaths. Methods: The literature data has been taken from different search platforms like PubMed, Science Direct, Embase, Web of Science, who.int portal and complied. Results: Corona virology study will be more advanced and outstanding in recent years. COVID-19 epidemic is a threatening reminder not solely for one country but all over the universe. Conclusion: In this review article, we encapsulated the pathogenesis, geographical spread of coronavirus worldwide, also discussed the perspective of diagnosis, effective treatment, and primary recommendations by the World Health Organization, and guidelines of the government to slow down the impact of the virus are also optimistic, efficacious and obliging for the public health. However, it will take a prolonged time in the future to overcome this epidemic.

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