2. Rolul suveranității statului în aplicabilitatea art. 6 alin. (1) CEDO în materia civilă: cum dihotomia de acta jure imperii și acta jure gestionis formează deciziile CtEDO
2. The Role of State Sovereignty in the Applicability of the Civil Limb of Article 6(1) ECHR: How the Dichotomy of Acta Jure Imperii and Acta Jure Gestionis Shapes ECtHR Decisions

Summary/Abstract: This paper analyses the applicability of Article 6(1) ECHR in civil matters, highlighting its dependence on the distinction between state actions exercised under public and private law. Anchored in the state sovereignty paradigm, this article adopts the traditional division in international law between acta jure imperii and acta jure gestionis as its theoretical framework. A selective analysis of ECtHR jurisprudence demonstrates that disputes involving sovereign acts, such as taxation, asylum, and deportation, are often excluded from the scope of Article 6(1). On the other hand, disputes where states have acted as private actors in areas like commerce or employment frequently benefit from the guarantees of Article 6(1). However, recent developments, including the Court’s evolving approach to labour disputes in the public sector, suggest that changing social norms could challenge the rigidity of state sovereignty. While progress remains limited – especially in sensitive areas like taxation – this paper highlights asylum and deportation cases as promising areas for future research. Notably, the Vilho Eskelinen precedent indicates that procedural guarantees may apply to sovereign acts under strict conditions, underscoring a nuanced interplay between sovereignty and the right to a fair trial.

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