Cererea individuală în sistemul Convenției europene a drepturilor omului. Titulari. Calitatea de victimă. Condiții de admisibilitate
The individual complaint in the system of the European Convention on Human Rights. Holders of the rights, the status of victim, admissibility conditions

Summary/Abstract: The right to individual recourse is a keystone with the European system for the protection of human rights. Whatever the terms that are used – individual application or individual recourse, art. 34 in the ECHR regulates for a genuine action at law, an expression of the subjective procedural right acknowledged to the holders of the rights and the freedoms guaranteed by the Convention to apply to court so that the latter should establish a violation of one of their rights and order that such violation be brought to an end. Making use of the principles according to which a distinction is cut between the right to an action at law, as a procedural right, and the accompanying substantial right whose protection it provides, ar. 34 of the ECHR regulates for the possibility of a specific action at law, which tends to protect a subjective right, protected by the Convention (individual recourse), while the achievement of the procedural subjective right to take action, that is to formulate the individual recourse, is materialized by the application for the action at law (the individual application). The author distinguishes between the conditions for the exercise of the recourse and the admissibility conditions for the application, presenting the holders of the right to individual recourse, the capacity as victim, the admissibility conditions for the application (exhaustion of the domestic possibilities of recourse, the six months term, other conditions), the incompatible, unjustified or abusive applications.

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