THE LEGAL SYSTEM AND THE NATIONAL DEFENSE SYSTEM. REPORTS AND FUNCTIONALITY

Abstract

Within any legal system, implicitly also in the national one, the Constitution stands out as important, a fundamental law that represents the supreme system of political-legal norms. Article 118 para. 2 of the The Constitution of Romania states that "The structure of the national defense system, the preparation of the population, economy and territory for defense, as well as the status of military personnel, are established by organic law" and, in light of the above regulation, the headquarters of the matter regarding the national defense system is represented by Law no. 45/1994 of the national defense of Romania, with the subsequent modifications and completions, this being established, at art. 6, the fact that the national defense system includes: leadership, forces, resources and territorial infrastructure. On the other hand, collaboration with partners or allies within NATO or strategic partnerships is an essential component of national and regional security. Thus, the participation of the armed forces in missions and operations outside the territory of the Romanian state, the entry, stationing, conduct of operations or transit of Romanian territory by foreign armed forces, or Romania's participation in the Missile Defense System, are legally substantiated issues. on a complex set of normative acts which, through their interpenetration, through the existing relations between them, manage to create a true pillar of the national and collective defense.