Praksa Evropskog suda za ljudska prava i krivična dela terorizma
Practice of European Court of Human Rights and Criminal Offences of Terrorism
Author(s): Ivana P. BodrožićSubject(s): Criminal Law, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: criminal offences of terrorism; the European Court of Human Rights; criminal repression; procedural guarantees
Summary/Abstract: The development of approaches to the use of criminal repression, in the context of substantive criminal, law for many years, was a question a lot of controversy, both in defining the crime of terrorism, and with setting the boundaries of criminal repression in this area. Terrorism, which essentially has the potential to undermine democracy and the rule of law by encouraging autoriternih tendency of authorities to fight this negative social - pathological phenomena, imposing views of the minority to the majority, without limits in achieving their goals, more than any other part of the world has hit Europe, which through its mechanisms, including the European court of Human rights and its practice, has developed specific counter-measures aimed at ensuring the libertarian political and cultural values of Europe. The rulings and case law related to combating terrorism have been set certain principles relating to the establishment of a balance between the effective response of the state and protection of human rights. Terrorism attacks the basics of democracy and the rule of law, a state against these attacks need to defend themselves while balancing the need to respect human rights and the response to terrorism.
Journal: Strani pravni život
- Issue Year: 2016
- Issue No: 3
- Page Range: 145-160
- Page Count: 16
- Language: Serbian