ECHR judgment in cases against Romania - 2012 - Analysis, consequences, potentially responsible authorities (Volume VIII)

67,44 Lei   49,23 Lei

ISBN: 978-606-591-710-1

DOI: 10.5682/9786065917101

Publisher year: 2013

Edition: I

Pages: 460

Publisher: Editura Universitară

Author: Dragos Calin, Irina Alexandra Neagu , Mihaela Vasiescu, Paula-Andrada Cotovanu, Cristina Radu, Florin Mihaita, Anamaria Lucia Zaharia, Ionut Militaru, Victor Horia Dimitrie Constantinescu, Roxana-Maria Calin, Costel Cristinel Ghigheci

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After numerous convictions of Romania, in the public opinion was sent to a specific safety by politicians, the media or by the representatives of public authorities, the idea that judges these convictions exclusive to blame, 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 on a scientific approach.

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 to see to what extent they have complied and reacted specifically after decisions.

Practical utility of the present collection of jurisprudence is that all are treated the sentence of the European Court in cases against Romania on 1 January 2012 to 31 December 2012, including those not published in the Official Gazette and ones 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 - in the least - the accuracy of the original text is still an advantage because the collection allow completion in a short time the whole ECHR and is useful in any theorist or practitioner library the right goal, which serves and how it was conceived indexing keywords with reference to all relevant cases in 2010.

Last but not least, the reasons stated in each particular case analysis on potential responsible authorities, although emanating from the authors collection, but based on the findings of the European Court, is a reference to the work of puntc committed under function or profession, respect or guarantee human rights and fundamental freedoms. Therefore, it was not missed any evolution law, positive or negative, indicating the authors - where were identified - the consequences of the decision, which should use those interested to discover the current domestic remedies.

The purpose of this study and the methodology chosen just went from a very careful analysis of the facts motivation every judgment of the European Court of Human Rights, in substance, to identify the mechanism that ultimately led to the violation of the fundamental right in question.

Thus, we have available in a scientifically unbiased approach, a number of conclusions and concrete data on convictions of Romania to the European Court of Human Rights.

Thank prof. Dr. Mihai Sandru, coordinator of the Centre for European Legal Studies at the Institute of Legal Research of the Romanian Academy, which prefaced this paper.

Roxana-Maria Calin

Judge, Court of Bucharest

Dragos Calin
Mihaela Vasiescu

Judge, Court of Appeal Targu Mures

Paula-Andrada Cotovanu

Judge, judicial inspection, the Superior Council of Magistracy

Cristina Radu

Judge, Court of Constanta

Florin Mihaita

Judge, Court of Sector 4 Bucharest

Anamaria Lucia Zaharia
Ionut Militaru

Judge, Court of Bucharest

Costel Cristinel Ghigheci

Judge, Court of Appeal Brasov

Irina Alexandra Neagu

Judge, Court of Bucharest

Victor Horia Dimitrie Constantinescu

Judge, Court of Alexandria

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