The right to freedom and security. Commentary on Article 5 of the European Convention on Human Rights. Part III – Article 5 paragraphs 2 and 3 Cover Image
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Dreptul la libertate și la siguranță. Comentariul articolului 5 din Convenția europeană a drepturilor omului. Partea a III-a – Articolul 5 paragr. 2 și 3
The right to freedom and security. Commentary on Article 5 of the European Convention on Human Rights. Part III – Article 5 paragraphs 2 and 3

Author(s): Sebastian Rădulețu
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: right to liberty and security; deprivation of liberty; arbitrariness; the principle of legal certainty; compliance with national law; Article 5; European Convention on Human Rights;

Summary/Abstract: This paper is the last part of a more extensive commentary on Article 5 of the European Convention on Human Rights, which has been entirely published in three issues of this law journal. The first part of this study, published in the December 2022 issue, assessed the general features of the right to liberty and security and commented Article 5 § 1 (a) and (b). The second part, published in the January 2023 issue, analysed four other situations in which a person can be deprived of his or her liberty, as stipulated by Article 5 § 1 (c), (d), (e) and (f). The current work continues that analysis, focusing on the rights enshrined in the paragraphs of this important Article of the Convention, namely §§ 2 and 3.

  • Issue Year: 2023
  • Issue No: 03
  • Page Range: 111-131
  • Page Count: 21
  • Language: Romanian