Damages for the infringement of human rights in Romania
Damages for the infringement of human rights in Romania

Summary/Abstract: In Romania, human rights are enshrined by the Constitution, as well as by the international and European rules applicable to the Romanian State. The relationship between the conventional international rules in the field of human rights and the domestic rules are governed by the principles of direct applicability, of superiority and of subsidiarity. The prejudices caused by infringement of the human rights must be compensated regardless whether the infringement is made by a public law subject or by a private person. In principle, the liability is based on guilt, taking the form of intention or of fault, the prejudice covered is both material and moral, and the damage must be fully compensated. The compensation is patrimonial (in kind or in equivalent) or non-patrimonial. The human rights are usually protected - by the way of compensation of the damage – by the judicial branch of power, the courts of law.

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