THE EVOLUTION OF THE RELATIONSHIP BETWEEN THE RULE PROVIDED BY THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND THE NATIONAL RULE
THE EVOLUTION OF THE RELATIONSHIP BETWEEN THE RULE PROVIDED BY THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND THE NATIONAL RULE

Summary/Abstract: Stated as imperative rules, the rights set by the European Convention for the protection of human rights and fundamental freedoms are themselves, by their universal nature, law institutions. Each of these rights generates, in turn, an entire legal, theoretical, institutional, case-law, jurisdictional sphere, all these being transposed into an entire complex system of guaranteeing these universal rights. On the other hand, given the universal nature of these rights, it is easy to notice that their reach, between the limits of national constitutions, describes, in turn, the margin of interference with national sovereignty and the national-international one- to-one relationship. This study proposes to capture a part of the evolution of the relationship between the conventional rule and the national rule.

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