Individual liberty and pre-trial detention. Special focus on the case law of the European Court of Human Rights Cover Image
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Libertatea individuală și arestarea preventivă. Privire specială asupra jurisprudenței Curții Europene a Drepturilor Omului
Individual liberty and pre-trial detention. Special focus on the case law of the European Court of Human Rights

Author(s): Anca Florina Moroşteş
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: preventive detention; freedom; law; justice; jurisprudence; CEDO;

Summary/Abstract: Freedom is a distinctive principle for each individual, representing the ability to choose to do or not to do certain things. It is also a fundamental legal concept that applies to every person within a given society. This value implies the power of each individual to act in a certain way, provided he does not violate the rights or interests of others and at the same time respects the general and common interests of society. The limitation of the fundamental right to freedom must be subject to restrictive and exceptional conditions, which must be considered as credible guarantees, both at the national and international level. These guarantees regarding individual freedom in the context of criminal proceedings are regulated in the laws that establish the situations in which preventive measures can be imposed, the competent authorities that can order these measures, their duration and the procedures for verifying the legality of these preventive measures.

  • Issue Year: 2023
  • Issue No: 03
  • Page Range: 60-71
  • Page Count: 12
  • Language: Romanian
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