Case file. Enforcement by the Romanian State of the judgments of the European Court of Human Rights in the cases of Soare v. Romania Cover Image

Dosar. Punerea în executare de către statul român a hotărârilor pronunțate de Curtea Europeană a Drepturilor Omului în cauzele Soare împotriva României
Case file. Enforcement by the Romanian State of the judgments of the European Court of Human Rights in the cases of Soare v. Romania

Author(s): Daniela Lovin
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Universul Juridic
Keywords: enforcement of judgments of the European Court of Human Rights; Article 46 of the Convention; individual measures; closure order; complaint against the decision;

Summary/Abstract: The authors analyse from different perspectives, expressing diverging opinions on the question whether the review based on the provisions of Article 465 of the Criminal Procedure Code against the decision by which the preliminary chamber judge rejected the complaint against the prosecutor's decision not to prosecute or to reopen the criminal proceedings, provided for in Article 335(1) of the Criminal Procedure Code constitute effective procedural remedies for the enforcement of the judgments of the European Court of Human Rights, pursuant to Article 46 of the European Convention on Human Rights, which requires the defendant State to take such measures as are likely to put an end to the violation found by the European Court and to remove its consequences.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 24-30
  • Page Count: 7
  • Language: Romanian
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