EFFECTIVE REMEDIES INTRODUCED IN NATIONAL LAW FOLLOWING ECHR JURISPRUDENCE
EFFECTIVE REMEDIES INTRODUCED IN NATIONAL LAW FOLLOWING ECHR JURISPRUDENCE
Author(s): Florin Octavian BarbuSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Editura Bibliotheca
Keywords: international mechanism; subsidiary character; human rights; defence, expediency;
Summary/Abstract: The European Convention on Human Rights is an international treaty that establishes the fact that the first judge of the Convention is the judge of the national judge. In achieving this goal, by the consecration of the right to an effective appeal, the Convention establishes an effective supplementary guarantee of the conventional rights, pointing out that international protection mechanism is the matter only where the national systems of European States do not respond appropriately to the violations of the human rights, but without attempting to transform the Court of European contentious into a substitute of the internal routes of attack. In this respect, guaranteeing the right to an effective appeal is fundamental, as any person whose rights and freedoms have been infringed, has the right to address effectively to a national court, even where the breach would be due to persons who have acted in the exercise of their official duties.
Journal: Valahia University Law Study
- Issue Year: 32/2018
- Issue No: 2
- Page Range: 79-90
- Page Count: 12
- Language: English
