2. Extinderea scopului Convenţiei Europene a Drepturilor Omului: interpretarea evolutivă şi rolul CEDO în protejarea democraţiei
2. The expansion of the scope of the European Convention on Human Rights: evolutive interpretation and the role of the ECtHR in protecting democracy

Summary/Abstract: This article addresses the issue of the expansion of the scope of the European Convention on Human Rights, focusing on the activity of the European Court of Human Rights (ECtHR). It conducts a critical analysis of the recent ECtHR case law to examine accusations that the Court is involved in judicial activism, effectively creating new rights. The author argues that, instead, the ECtHR adopted an evolutive interpretation of the Convention, according to the „living instrument” doctrine, which allowed it to adopt existing rights to contemporary social circumstances. Among the findings, it is highlighted that through the development of the doctrine of positive obligations and the extension of the scope ratione materiae of the Convention, the ECtHR protects fundamental democratic values, such as pluralism, tolerance, and the rule of law. The author concludes that this approach is necessary to ensure the effective protection of human rights in the context of contemporary challenges. Finally, it is suggested that future research should explore how the ECtHR will continue to evolve in response to new global challenges, such as climate change or authoritarian tendencies in the Contracting Parties.

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