Monday, August 12, 2019
Țuțu Pișleag (Alexandru Ioan Cuza University - Police Academy) has posted Considerations on the Use of Force for Ensuring and Restoring Public Order (Journal of the Academy of National Security Sciences (2019/1)) on SSRN. Here is the abstract:
This article addresses aspects regarding the use of force from the perspective of legality, proportionality and necessity in the dynamics of the uninterrupted use of force, within which the respect for fundamental human rights is a major requirement. The critical issue for law enforcement is to assess the use of force, whether the level of force was objectively reasonable, taking into account all the circumstances the gendarme faces at the place of action and whether the use of force was the only option. The present issue is less addressed in the Romanian literature; thus, the tactical action of ensuring public order during public meetings needs to acquire profound legal valences from the perspective of respecting the right of assembly. When the situation requires it, the use of force must be reasonably justified depending on the overall circumstances of the incident. De-escalation of violence passive or active - is achieved by mastering skills in the tactical communication, in dialogue and negotiation, embedded in the continuum use of force that ensures the safety of the participants in the protest as well as the safety of the gendarmes.