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

  • Georgian POP Parlamentul României

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.

References

Buzan Barry, People State and Fears, Brighton, Harvester Press, 1983.
Fox C. Amos, Conflict and the Need for a Theory of Proxy Warfare, https://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1701&context=jss
Fridman Ofer, Kabernik Vitaly, Pearce C. James, Hybrid Conflicts and Information Warfare: New Labels, Old Politics, 1st Edition, 2018.
Haacke Jürgen, Asean’s Diplomatic and Security Culture. Origins, development and prospects, Antony Rowe Ltd., Chippenham, Wiltshire, Great Britain, 2003.
Hoffman G. Frank, Conflict in the 21th Century: the Rise of the Hybrid Wars, https://www.potomacinstitute.org/images/stories/publications/potomac_hybridwar_0108.pdf
Holman Andrei, ”Cognitive fluency and attitudinal change mechanisms”, Social Psychology (Psihologia socială), Issue 10/2002, https://www.ceeol.com
Iancu N., Fortuna A., Barna C., Teodor M., Countering Hybrid Threats: Lessons Learned from Ukraine (NATO Science for Peace and Security), 2016.
Micossi Stefano, Tosato Gian Luigi, The European Union in the 21st Century. Perspectives from the Lisbon Treaty, Center for European Policy Studies, Brussels, 2009.
Orenstein A. Mitchell, The Lands in Between: Russia vs. the West and the New Politics of Hybrid War, 1st Edition, 2019.
Răducanu Gabriel, Anastasiei Traian, Challenges To Global Security, http://www.afahc.ro/ro/revista/2017_1/17-GabrielRaducanu,TraianAnastasiei.pdf
Dr. Russell W. Glenn, Thoughts on ”Hybrid” Conflict”, https://smallwarsjournal.com/jrnl/art/thoughts-on-hybrid-conflict
Stowell Joshua, What is Hybrid Warfare?, https://globalsecurityreview.com/hybrid-and-non-linear-warfare-systematically-erases-the-divide-between-war-peace/
Titus Livius, Istoria Romei de la întemeierea cetății – Enciclopedia înțelepciunii, Editura Roossa, 2013, https://www.newmoney.ro/
http://www.rador.ro/
https://www.economica.net/
https://adevarul.ro/
https://universul.net/
https://www.defenseromania.ro
https://www.capital.ro/
https://www.eduapps.ro/
https://www.wall-street.ro/
https://www.agerpres.ro/
https://en.wikipedia.org/
https://www.thelocal.de/
https://romanialibera.ro/
https://www.news.ro/
https://islamro.com/
https://monitorulapararii.ro/
https://www.hotnews.ro/
https://www.mediafax.ro/
https://www.digi24.ro/
https://www.consilium.europa.eu/
http://legislatie.just.ro/
https://www.g4media.ro/
https://www.stiripesurse.ro/
Published
2020-10-20
Section
Articole