ASPECTE PARTICULARE PRIVIND APLICAREA ARTICOLULUI 13 AL CONVENŢIEI (EUROPENE) PENTRU APĂRAREA DREPTURILOR OMULUI ŞI A LIBERTĂŢILOR FUNDAMENTALE. DREPTUL LA UN REMEDIU EFECTIV ÎN CONTEXTUL CRIZEI DE COVID-19
SPECIAL ASPECTS REGARDING THE APPLICATION OF ARTICLE 13 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS. THE RIGHT TO AN EFFECTIVE REMEDY IN THE CONTEXT OF THE COVID-19 CRISIS

Summary/Abstract: The system regarding the protection of human rights and fundamental freedoms introduced by the European Convention on Human Rights is a complex one, which still raises issues concerning the interpretation and application of the provisions. We will stop in our study on the interpretations of the provisions of Article 13 of the Convention. We will analyze the jurisprudence of the European Court of Human Rights in the field, and we will discuss the legal implications of invoking Article 13 interdependence with other articles of the Convention, in the context of the Covid-19 pandemic. The manner in which article 13 of the Convention can be applied is extremely important considering its subsidiary character by reference to other articles of the Convention, its applicability requiring a violation of another substantive provision of the Convention. The Covid-19 pandemic has "forced" the states of the world to adopt measures to combat its effects, some more drastic, others more relaxed. All these measures had the effect of restricting certain individual rights and freedoms. The most drastic measure taken by some of the states was the suspension of the effects of the European Convention on Human Rights for a certain period, by invoking the provisions of Article 15 of the Convention. In press release 121/21, issued by the Council of the European Union, the European Union specifically recognizes that "the COVID-19 pandemic and its socio-economic consequences have had a negative impact on human rights, democracy and the rule of law, including on the civic space". The elaborated study has as its main objectives: the analysis of the problems of interpretation and definition of Article 13; applicability of the Convention in case of derogation; and analyzing post-Covid-19 perspectives by referring to the project proposal of the Council of the European Union on the creation of an international treaty on pandemics.

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