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The obligation to motivate a judgement
The obligation to motivate a judgement

Author(s): Raluca Lucia Paul
Subject(s): Human Rights and Humanitarian Law, Philosophy of Law, Sociology of Law, Court case
Published by: Editura Universitaria Craiova
Keywords: Judgments; reasoning; human rights; fundamental freedoms;

Summary/Abstract: The paper aims to present the importance to motivate a judgment in order to assure the respect of the right to a fair trial as stated in the European Convention of Human Rights. The subject has been broadly addressed in the legal writings and is often reflected in the judgements of both national and international Courts, but the paper offers a refreshing and perhaps philosophical perspective, trying to point out that, in this particular legislative inflation, the judge tends to forget that the judgment is not an instrument to be delivered to the legal professionals, but the individuals that came in front of the Court to find a solution for their particular problem.

  • Issue Year: 2023
  • Issue No: 77
  • Page Range: 112-119
  • Page Count: 8
  • Language: English