Limits of the Fundamental Rights and Liberties Stipulated by the European Convention of Human Rights
Limits of the Fundamental Rights and Liberties Stipulated by the European Convention of Human Rights

Summary/Abstract: The article treats the problem of limiting the fundamental rights and liberties stipulated by the European Convention of human Rights. Concerning the modality of application of the individual’s rights, the Convention tends to assure a normative percentage of flexibility, with the aim of interpreting the protected rights in accordance with the cultural values and with the juridical national specific character. In this respect, the Convention contains clauses that permit the states to resort to restraints in the freely exertion of the rights, in formulating reserves or interpretative declarations and even in the derogation from the Convention’s provisions under special circumstances. The state’s interference in the Convention’s application is not absolute, but is supposed to the European juridical control.

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