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Editura Universitara ECHR decisions in the cases against Romania - 1994-2009 - Analysis, consequences, potentially responsible authorities (5 volumes)

240,83 Lei 24,08 Lei

ISBN: 978-973-749-909-7

Publisher year: 2010

Edition: I


Publisher: Universitară

Author: Dragos Calin, Bianca Tandarescu, Serena Militaru, Mihaela Vasiescu, Beatrice Ramascanu, Alexandra Lancranjan

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After numerous convictions of Romania, public opinion was sent to a specific security, by politicians, the press or by representatives of public authorities, the idea that judges sole blame of these convictions, of course, being the last link in the causation plan before sending a case before the European Court of Human Rights. Such opinion is based on speculative arguments and not on thorough scientific research.

In this work we aimed to summarize each case in which Romania was condemned by the European Court of Human Rights, to find potential authorities responsible in any way necrutand judiciary, and observe to what extent they have complied and reacted specifically after rulings.

Practical utility of the present collection of case law is that all decisions are handled by the European Court convictions in cases against Romania on ratification of the Convention to 31 December 2009, including those published in the Official Gazette and those for that there has been an unofficial translation that those interested can have access.

Summarizing decisions and extract relevant arguments the Court's reasoning, with the risk taken to affect - the slightest - the accuracy of the original text is still an advantage because the collection in a short time to browse the entire ECHR jurisprudence and is a useful tool in the library of any theoretical or practitioner of law, whose goal it serves and how it was conceived by keyword indexing, with reference to all relevant cases during 1994-2009.

Last but not least, the reasons stated in each case analysis of potential responsible authorities, although emanating from the authors collection, but the European Court assessments, is a landmark for the work required, by virtue of office or profession, to meet or ensure legal rights and fundamental freedoms.

Therefore, it was not omitted any law evolution, positive or negative, indicating authors - where they were identified - the consequences of the decision, you should use the interest to reveal the current internal remedies. The purpose of this study and the methodology chosen just went from a very careful analysis of the facts, to motivate each resolution passed by the European Court of Human Rights on the merits, to identify the mechanism that ultimately led to the violation of the fundamental right concerned.

We thank Mr. prof. Dr. Cornelius Birsan, Roman judge at the European Court of Human Rights, Mr. Horatiu Razvan Radu, the Romanian Government Agent to the ECHR, Mrs. Dr. and Mr. Dr. Roxana Rizoiu Aurescu, former government agents, who prefaced his work through the special experience and overall eye on the entire phenomenon.

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Dragos Calin
Bianca Tandarescu

Judge, Court of Appeal

Mihaela Vasiescu

Judge, Court of Appeal Targu Mures

Beatrice Ramascanu

Judge, Court of Bucharest

Serena Militaru Judge, Court of District 2 Bucharest
Alexandra Lancranjan

Prosecutor, Prosecutor's Office District 2 Bucharest Court

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