ASPECTS ON THE CONTRIBUTION OF JUDGMENTS PASSED BY THE EUROPEAN COURT OF HUMAN RIGHTS TO THE INTERPRETATION AND DEVELOPMENT OF ROMANIAN LAW
ASPECTS ON THE CONTRIBUTION OF JUDGMENTS PASSED BY THE EUROPEAN COURT OF HUMAN RIGHTS TO THE INTERPRETATION AND DEVELOPMENT OF ROMANIAN LAW

Summary/Abstract: The provisions of the European Convention of Human Rights are an integral part of the Romanian legal system, and the Convention itself with its annexed Protocols may be considered without hesitation as sources of law, because it is undeniable that they are part of Romanian law. This article analyzes the issues regarding the applicability of the judgments passed by the European Court of Human Rights to domestic law and whether they are or not a source in shaping the Romanian legislation, based on two situations. The first regards judgments directly concerning the Romanian State in a trial judged before the Court and where the judgment passed by the Court must be enforced under art. 46 of the European Convention on Human Rights and the second of cases concerning other countries, where such judgments serve in one way or another to settle certain legal issues faced by the Romanian State. The article focuses also on the influence of the European Court of Human Rights judgments in the construction of the new Civil and Criminal Codes.

• Details
• Contents