Human Rights, Between “Don’t Want To” and “Can’t” Cover Image

Drepturile omului, între „nu vrem” şi „nu putem”
Human Rights, Between “Don’t Want To” and “Can’t”

Author(s): Constantin Valentin
Subject(s): Politics / Political Sciences
Published by: Centrul de Studii Internationale
Keywords: European Convention on Human Rights; pilot decisions; margin of appreciation; fair satisfaction; self-executing treaty; jurisprudence; rule of law

Summary/Abstract: The article is a set of reflections occasioned by the imminent entry into force of Protocol 14 to the European Convention on Human Rights. This reform confirms the transition from the “constitutional” goal to that of “victim protection”. This de facto change of goal raises legitimate doubts concerning effectiveness. In the particular case of Romania, the large number of complaints to the Court is explained in two main ways. The main source seems to reside in the ambiguity governing the direct application of the Convention by domestic judges. There are also additional factors involved in the crisis of enforcing the fundamental rights. The article focuses on one in particular: the weak commitment of judges to the values of the European Convention.

  • Issue Year: 6/2010
  • Issue No: 1
  • Page Range: 3-10
  • Page Count: 8
  • Language: Romanian