ECHR judgment in cases against Romania - 1994-2011 - Analysis, consequences, potentially responsible authorities (7 volumes)

385,32 Lei 281,28 Lei

ISBN: 978-606-591-305-9

DOI: 10.5682/9786065913509

Publisher year: 2012

Edition: I

Pages: 3053

Publisher: Universitară

Author: Dragos Calin, Bianca Tandarescu, Serena Militaru, Elena Blidaru, Roxana Lacatusu, Mihaela Vasiescu, Paula-Andrada Cotovanu, Beatrice Ramascanu, Alexandra Lancranjan, Cristina Radu, Florin Mihaita, Anamaria Lucia Zaharia, Lavinia Circiumaru, Ionut Militaru

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

In this paper we tried 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 to see to what extent they have complied and reacted specifically after rulings.

Practical utility of the present collection of jurisprudence is that treated all the convictions by the Court in cases against Romania and after ratification by 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 extracting relevant arguments motivating the Court, to the risk of damage - the least bit - the accuracy of the original text is still an advantage because the collection will travel in a short time the whole ECHR and becomes 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, referencing all relevant cases from the period 1994-2011.

Last but not least, the reasons stated in each particular case analysis of potential responsible authorities, although emanating from the authors collection, but based on the findings of the European Court, is a benchmark for the required work, in virtue of his position or profession, respect or guarantee the exercise of the rights and fundamental freedoms.

Therefore, it was not missed any evolution law, positive or negative, indicating authors - where were identified - the consequences of the decision, which should use those interested to discover existing domestic remedies. The purpose of this study and the methodology chosen just went from a careful analysis of the facts, to motivate each judgment of the European Court of Human Rights on the merits, to identify the mechanism that ultimately lead to the violation of the fundamental right in question.

Dragos Calin
Bianca Tandarescu

Judge, Court of Appeal

Mihaela Vasiescu

Judge, Court of Appeal Targu Mures

Paula-Andrada Cotovanu

Judge, judicial inspection, the Superior Council of Magistracy

Beatrice Ramascanu

Judge, Court of Bucharest

Serena Militaru Judge, Court of District 2 Bucharest
Alexandra Lancranjan

Prosecutor, Prosecutor's Office District 2 Bucharest Court

Cristina Radu

Judge, Court of Constanta

Elena Blidaru Judge, Court of Sector 1 Bucharest
Florin Mihaita

Judge, Court of Sector 4 Bucharest

Roxana Lacatusu
Anamaria Lucia Zaharia
Lavinia Circiumaru
Ionut Militaru

Judge, Court of Bucharest

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