Sergiu Gabriel BERINDEA
| Abstract: | In a global context marked by increasingly complex threats to national security, states face a fundamental dilemma: how can they protect collective security without violating fundamental human rights? This paper examines the intersection of fundamental human rights and national security measures, with a particular focus on their impact on individual freedoms. Specifically, it explores the limitations imposed on civil rights in the name of national security, with special attention to emerging legislation in the fields of counter-terrorism, mass surveillance, and crisis regulations. The findings suggest that, while there is an international legal framework protecting human rights, many of the security measures adopted by modern states often exceed the boundaries of this framework, citing arguments related to the need to prevent external threats. However, this approach raises critical questions about the proportionality and transparency of restrictive measures, as well as their impact on public trust in state institutions. The paper aims to contribute to theoretical and practical discussions in the field of human security, offering perspectives on the need for more rigorous regulation of the balance between security and fundamental rights, in order to protect both public order and individual freedoms. |
| Keywords: | human rights, national security, derogation, proportionality |