Restrângerea dreptului la un proces echitabil în procedurile judiciare penale pe durata stărilor excepționale de urgență și alertă

Abstract

The citizen, in a democratic state, has duties assumed and freedoms guaranteed by the state, equal for all citizens. The two notions are not in the same plane, nor do they have the same content. Human rights represent a minimum of prerogatives necessary for human self-determination, while public rights and freedoms are prerogatives that ensure the concrete individual's security and protection, being his true claims on society. The Law, in the sense of individual law or collective law, is the possibility, the faculty recognized by society or the behavior imposed by it, through the state, to satisfy the social needs of the active and passive subject, in the spirit of equity, to do, not to do, to give or not to give, or to claim or receive something, ensured if necessary through the coercive force of the state.