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CCR: Laws on downing drones and carrying out military missions in peace time, constitutional

April 3, 2025

Romania's Constitutional Court (CCR) rejected on Thursday the complaints made by AUR, POT and SOS Romania about the law referring to the control of using the air space and the one on carrying out missions and military operations in Romania in time of peace, deciding that they were constitutional.   The Court decided that regulating a competence devided between structures of institutions that are part of the national defense system and structures of allied and partner states does not achieve sovereignty, when it is a means of defending the national air space, which is part of NATO air space.   At the same time, the Court shows that “authority transfer”, regulated by the decisions criticized, has in view an action of taking over control and command by military authorities appointed by NATO over national elements within army structures which execute specific missions for the control of using the national air space within the Integrated NATO Air Defence and Anti Missile System or within coalitions, in strict conditions provided by law, and not by inclusion in a military function in the system of the National Defence Ministry.  

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