Dreptul societăților de a invoca art. 8 din Convenția europeană a drepturilor omului
The right of companies to invoke Article 8 of the European Convention on Human Rights

Summary/Abstract: It is already well known that a natural person or a non-governmental organization can submit applications to the European Court of Human Rights, pursuant to Article 34 of the European Convention on Human Rights, in the situation where they consider that his rights provided by the Convention and the additional protocols to the Convention have been violated. What is not so well known and disseminated in the legal world is the fact that the companies also have the right to introduce such requests and to invoke the violation of some rights from the Convention.One of the fundamental rights provided by the Convention, which can be invoked by the companies, is, contrary to any expectations, the right to private life, recognized by Article 8 of the Convention, which provokes discussions and presents a spectacular evolution from the perspective of the dynamic interpretation of the Convention as a „living instrument”. The essential object of Article 8 of the Convention is to protect the holder of the right against the arbitrary interferences by the national authorities.But, in such cases, limitations of the exercise of this right being allowed, in the Court’s analysis regarding the necessity of the respective interferences in a democratic society, it must balance, on the one hand, the interests of the plaintiff companies, protected by Article 8 of the Convention, and, on the other hand, the interests of the states which are party to the Convention, protected by other provisions of the Convention and by the additional protocols.Observing that legislators and international jurisdictions cannot keep up with the evolution of society, in general, and with the new technologies, with the emergence of some new forms of restriction of the private or corporate life, we believe that new manifestations of private life could be identified in the future and could be subject to attention in order to be protected, this right being, obviously, a right that depends on the level of development of each individual society, from case to case being able to anticipate new updates of the sphere of protection of the right.Being a very broad topic, we will limit ourselves, in this study, only to the schematic and rational presentation, on the one hand, of the expansion of the scope of Article 8 of the Convention also regarding the companies and, on the other hand, of the findings of the Court with regard to the cases initiated by plaintiff companies.

• Details
• Contents