ОПШТИ УСЛОВИ ПРИ ПРОПИСИВАЊУ ОГРАНИЧЕЊА ПРАВА НА ПРИВАТНОСТ У ЕВРОПСКО Ј КОНВЕНЦИЈИ О ЉУДСКИМ ПРАВИМА
GENERAL REQUIREMENTS IN PRESCRIBING RESTRICTIONS OF RIGHT TO PRIVACУ IN THE EUROPEAN HUMAN RIGHTS CONVENTION

Summary/Abstract: This is an analysis of the significance of general requirements specified by the Europen Human Rights Convention in prescribing the restrictions of the right to personal and family life, residing and correspondence. These general requirements, as provided in Art. 8, para. 2 of the Convention, refer to the necessity of prescribing restricitons in accordance with law, and to the requirement that such restrictions be indispensable in a democratic society. Both requirements should be incorporated into national frameworks when prescribed in corresponding national enactments. Their meaning is developed through tire practice of the European Court for the Protection of Human Rights in Starsbourg. The author elaborates the levelof fulfilment of general requirements in prescribing the restrictions mentioned above in relevant federal and republic (Serbian) constitututional, legislative and other regulations — from the point of view of the need for Yugoslavia to be integrated into Europe and to ratify as soon as possible the European Convention.

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