După 25 de ani: experienţa României în implementarea Convenţiei europene pentru apărarea drepturilor omului şi a libertăţilor fundamentale
25 Years After: Romania’s Experience in the Implementation of the European Convention on Human Rights

Summary/Abstract: After the fall of the Iron Curtain, the transition of former communist countries, including Romania, from centralized political regimes to liberal democracies has been difficult. This process has been marked by a series of challenges and attempts by which the „new democracies” have attempted to adapt and adopt legislation, including of constitutional nature, in order to correspond and respond to new standards that have already been shared for decades, by the „old European democracies”. One of the most present and active” agent” in this process of transformation and adaptation was, without doubt, the European Court of Human Rights. Though twenty-eight years have passed, this demarche has not been either short, easy or ended, but on the contrary. Many of the states concerned, including Romania, had, in fact, „transplanted” into their legal system not only values and principles that were not familiar to them, but also new institutions. Moreover, it was necessary for these institutions to be integrated and operate in a coherent system which involved solving and correcting numerous inconsistencies and malfunctions.Under this general umbrella, the aim of the present paper is that to find answers to questions such as: which were the effects of the ECHR and the ECtHR case-law for the Romanian legal system, including in respect of national legislation and national case-law? Are there certain issues/areas that have caused special problems? How has the Court exercised the margin of appreciation in relation to Romania? Is the Romania satisfied with how the margin is practiced? Are there examples of national judgments where the Romanian courts have rejected to implement ECtHR judgments? Have national organs, especially national courts, contributed to the jurisprudence of the ECtHR through a ‘judicial dialogue’?

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