UPDATING LEGISLATION IN THE FIELD OF NATIONAL SECURITY – ADAPTING TO THE NEW REALITIES. NEEDS AND CHALLENGES

Abstract

Romanian legislation specific to the national security is, at a great extent, quite obsolete. The laws were established in the 90s’ and are submitted to the logic specific to the Cold War. In the meantime, not only the crisis generated by COVID – 19 but also the technological and geopolitical evolutions which appeared during the latest decades have emphasized the need to adapt the laws to the new realities. Comparing the situation specific to the three decades before, new security risks have shown up, for example cyber risks. The New Defence Strategy of our country (the one of 2020), emphasizes the keen need to update these laws.
The great challenge for the legislative initiative consists in finding a right balance between the need to prevent/counteract these risks, on the one hand, and, on the other hand, the need to protect the fundamental freedom and to assure the care to respect the constitutional rights of the citizens. The lack of this balance can open the way either towards abuse against the citizens or towards institutional inefficiency. Consolidation of democracy and state are dependent, greatly, on the content of these laws.
To have a legislation that is modern and adequate, adapted to the democratic environment, the principle of constitutionality (namely to protect the citizens’ freedom and fundamental rights), must be the base of the legally regulation specific to new security risks.
Keywords: security; legislation; risks; challenges; adaptation.