The evolution of the provisional measures in the jurisprudence of the European Court of Human Rights and of the Court of Justice of the European Union Cover Image
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Evoluția măsurilor provizorii în jurisprudența Curții Europene a Drepturilor Omului și a Curții de Justiție a Uniunii Europene
The evolution of the provisional measures in the jurisprudence of the European Court of Human Rights and of the Court of Justice of the European Union

Author(s): Mihai Mareş, Larisa-Cătălina Ionescu
Subject(s): Criminal Law, EU-Legislation
Published by: Uniunea Juriștilor din România
Keywords: E.C.H.R.; adoption of provisional measures; ill-treatment; European arrest warrant;

Summary/Abstract: The present study had as its starting point a recent decision of the European Court of Human Rights pronounced under Article 39 of the Court Regulation1 on a request to adopt a provisional measure, formulated by a Romanian citizen. This decision represents an opportunity to reflect not only on the vision of the European Court of Human Rights regarding the strictness of adopting some measures to prevent the risk of subjecting a person to ill-treatment, but also in relation to the institution of the European arrest warrant, in particular, with the possibility of removing its immediate effects based on the protection provided by Article 3 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and Article 4 of the Charter of Fundamental Rights of the European Union.

  • Issue Year: 2024
  • Issue No: 06
  • Page Range: 150-160
  • Page Count: 11
  • Language: Romanian
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