JUDICIAL ERROR AND THE FUNDAMENTAL RIGHTS
JUDICIAL ERROR AND THE FUNDAMENTAL RIGHTS

Summary/Abstract: The constant case-law of the European Court of Human Rights offers an extensive interpretation to the autonomous notion of the fundamental rights, accordingly to the need of protecting these values, that manifest through various forms in nowadays society. The need of a right to take legal action in order to repair the damage caused through an illicit deed even in the absence of any blame has been stated. In this context, the internal regulation regarding the objective civil liability of the State for the damage caused by a judicial error and the possibility to take legal action to repair it are in agreement with the Convention..

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