Preeminența dreptului. Evoluțiile din doctrina și jurisprudența drepturilor omului.
The pre-eminence of law. Developments in human rights doctrine and case law.

Summary/Abstract: The Charter of Paris for a New Europe states that „the human rights, democracy and the Rule of Law” are prerequisites of „freedom, justice and peace” and that they should be looked upon as the key-stone of the „new Europe”. „The pre-eminence of law symbolises the essence of the Rule of Law and it must englobe every conscience, beacause rights cannot be disassociated from the awareness of rights, thus imposing, in this new european and global context, the launch of the „Etats généraux des droits de l’homme en Europe” formula, in order to generate a new, more efficient mobilising impetus reguarding the effective and concrete guarantee of human rights”. This speech was given on the 30th of January 2009, Strasbourg, on the occasion of the opening of the judicial year 2009, by the acting president of the ECHR, Mr. Jean-Paul Costa, underlining the importance of the common fundamental principles of the Court‘s jurisprudence. Among these principles, the pre-eminence of law holds a central role in assuring the respect of fundamental rights, as being effective and concrete, and not of an illusory nature. In „Hutter-Czapska v/. Poland”, a decision given on the the 19th of June 2006, The Grand Chamber of the Court reaffirms the pre-eminence of law, as a fundamental principle of the Rule of Law in a democratic society, as well as the principle of the trust of its citizens in a State and its laws and the principle of juridical security.

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