„Jurisdicţia” statelor în jurisprudenţa Curţii de la Strasbourg - o noţiune cu geometrie variabilă?
State “jurisdiction” in the jurisprudence of the Strasbourg Court: a variable concept?
Subject(s): Social Sciences
Published by: Centrul de Studii Internationale
Keywords: jurisdiction; jurisprudence; Strasbourg Court; espace juridique européen; „global and effective control”
Summary/Abstract: The article discusses some aspects of the most important and controversial issue regarding Article 1 of the European Convention on Human Rights: the notion of „State jurisdiction”, which is crucial to establishing the Convention’s applicability to persons who raise complaints before the European Court. Having as starting point some recent jurisprudential landmarks, the article critically analyzes the Strasbourg Court’s position on the extraterritorial application of the Convention, the different interpretations of the notion of „global and effective control” on the territory, as well as the doctrinal reactions to the reasonings and outcomes of the Court’s judgments. The „variable geometry” of the notion of „jurisdiction”, to which the Court’s case-law on the matter now leads, in its turn turns the notion of espace juridique européen into a relative notion, influenced by international politics.
- Issue Year: 2008
- Issue No: 1
- Page Range: 15-22
- Page Count: 8
- Language: Romanian