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Control of the Execution of Judgments

Autor Corlățean Titus
en Limba Engleză Paperback – 9 iul 2013
The control mechanism established by the European Convention on Human Rights plays a key role in the preservation of democracy and the rule of law at European level. In this context, the European Court assumed the role to ensure an effective protection of the fundamental rights and freedoms, according to the principle of the "practical effect". The Convention is a living instrument which must be interpreted in the light of the changes occurring in society, especially as it was intended to guarantee "not rights that are theoretical and illusory but rights that are practical and effective". The Court holds that "regard has to be held to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole". In both cases, the state enjoys a certain margin of appreciation in determining the provisions to be adopted in order to ensure the conformity with the European Convention. In this way, one may hope to see the perpetuation of the general spirit of a Convention protecting not only the human rights but also "the ideals and values of a democratic society".
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Specificații

ISBN-13: 9783659425066
ISBN-10: 3659425060
Pagini: 356
Dimensiuni: 152 x 229 x 20 mm
Greutate: 0.52 kg
Editura: LAP Lambert Academic Publishing AG & Co. KG
Colecția LAP Lambert Academic Publishing

Notă biografică

Titus Corla¿ean, 45 years, University Lecturer, PhD (International Law, University of Bucharest, 2010), senator, is the Romanian Minister of Foreign Affairs. He was Co-agent of the Romanian Government before the European Court of Human Rights, First Vice-Chairman of the Committee on Legal Affairs of the European Parliament, Minister of Justice.