Right to liberty and security. Commentary on Article 5 of the European Convention on Human Rights. Part II – Article 5 § 1 c), d), e) and f) Cover Image
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Dreptul la libertate și la siguranță. Comentariul articolului 5 din Convenția europeană a drepturilor omului. Partea a II-a – Articolul 5 § 1 lit. c), d) e) și f)
Right to liberty and security. Commentary on Article 5 of the European Convention on Human Rights. Part II – Article 5 § 1 c), d), e) and f)

Author(s): Sebastian Rădulețu
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: right to liberty and security; deprivation of liberty; arbitrariness; the principle of legal certainty; compliance with national law; Article 5; European Convention on Human Rights; offence; minor;

Summary/Abstract: This paper is the second part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which will be entirely published in three consecutive issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 a) and b). The present work continues that analysis. It evaluates four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 c), d), e) and f). The remaining paragraphs of this important Article of the Convention, namely §§ 2, 3, 4 and 5, will be commented in a third paper which will be published in the next issue of this journal.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 86-114
  • Page Count: 29
  • Language: Romanian