Despre buna-credinţă procesuală şi caracterul rezonabil al apărărilor Guvernului României în faţa Curţii Europene a Drepturilor Omului
On Good Faith in Proceedings and the Reasonable Character of the Romanian Government’s Defense Before the European Court of Human Rights

Summary/Abstract: The protection of fundamental rights in Romania is problematic on several layers. In relation to the system of the European Convention and of the European Court in Strasbourg, it proves, naturally, as vital that the State should go beyond the threshold of fulfilling a minimal obligation, namely that of enforcing the judgments pronounced against it, and assume its role as primary guarantor of the effectiveness of the fundamental rights which, as far as it is concerned, represent an obligation which results from their objective nature. At the same time, coherent with such imperative is the requirement, once again a minimal one, that through the voice of its representative within the European court proceedings, the Romanian Government should transmit, by means of a procedural good-faith and reasonable conduct, that it pursues the achievement of the same desideratum. The paper analyses, from this perspective, the Government’s defences in several affairs tried by the European Court in Strasbourg.

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