Right to liberty and security. Commentary of Article 5 of the European Convention on Human Rights. Part IV – Article 5 paragraphs 4 and 5 Cover Image
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Dreptul la libertate și la siguranță. Comentariul articolului 5 din Convenția europeană a drepturilor omului. Partea a IV-a – articolul 5 paragr. 4 și 5
Right to liberty and security. Commentary of Article 5 of the European Convention on Human Rights. Part IV – Article 5 paragraphs 4 and 5

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 fourth part and the final one of a more extensive commentary on Article 5 of the European Convention on Human Rights, which is entirely published in four 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 third part, published in the March 2023 issue, commented the rights enshrined in Article 5 §§ 2 and 3. The current work continues that analysis, focusing on the rights guaranteed in §§ 4 and 5 of this important Article of the Convention.

  • Issue Year: 2023
  • Issue No: 04
  • Page Range: 111-129
  • Page Count: 19
  • Language: Romanian