SCURTE CONSIDERAȚII ÎN LEGĂTURĂ CU POSIBILITATEA INVOCĂRII EXCEPȚIEI DE NELEGALITATE ÎN CONTEXTUL DISPOZIȚIILOR ART. 17 DIN LEGEA NR. 136/2020

The present analysis is justified by the challenges generated by the regulation of the normative
framework of public power intervention in the management of some new social realities, with a direct
impact on the state-citizen relations, in the context of the COVID-19 pandemic. Undoubtedly, some
measures established by the Law No 136/2020 on the establishment of some measures in the field
of public health in situations of epidemiological and biological risk, taken most often with celerity, will
be subject to the control of legality of the courts of law. It would be absurd for acts that ultimately
affect fundamental rights and freedoms not to be subject to the means of appeal and not to pass
through the judge’s filter, the latter being the one who will, actually, decide on the fairness of the
measure adopted. At the boundary between the analysis of the legality and the appropriateness of
the measures adopted by the competent authorities of the state, the court of law will have to rule so
that both the citizen, viewed individually, and the community feel safe in front of a threat that
humanity never faced before. From this analytical perspective, the authors intend to address the
issue of the possibility to invoke in court the exceptions of illegality in the context of the provisions
provided by Article 17 of the Law No 136/2020.