Positive obligations of the states in terms of enforcement of the court rulings regarding minors in the light of the European Convention on Human Rights Cover Image
  • Price 4.50 €

Obligaţii pozitive ale statelor sub aspectul punerii în executare a hotărârilor judecătoreşti privitoare la minori din perspectiva Convenţiei europene a drepturilor omului
Positive obligations of the states in terms of enforcement of the court rulings regarding minors in the light of the European Convention on Human Rights

Author(s): Stela Stoicescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: family life; parents-children relationships; celerity; fair trial; child’s best interest;

Summary/Abstract: The author intends to identify the positive obligations incumbent on the national authorities in the matter of enforcement of the court rulings regarding minors, by reference to art. 8 of the European Convention of Human Rights. The study describes the conventional standard applicable in this matter and emphasizes, within the positive obligations determined as such, the requirement for celerity in the dispute management, ensuring the right to a fair trial, of the right to an actual remedy, as well as the management of the child’s best interest. At the same time, the study carries out a brief analysis regarding the compliance of the applicable domestic law with the conventional standard, emphasizing the progress made by the legislator in this matter and providing proposals de lege ferenda.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 384-401
  • Page Count: 18
  • Language: Romanian