Noţiunea de domiciliu şi dreptul la viaţă privată în jurisprudenţa relevantă a Curţii Europene a Drepturilor Omului
The notion of domicile and the right to private life in the relevant jurisprudence of the European Court of Justice
Author(s): Camelia MihăilăSubject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: home; private life; commercial private life; autonomous notion; ECHR jurisprudence
Summary/Abstract: The person's private life is most often associated with the privacy of the home, the space where the person spends his personal life, which is connected to family life and the right to the confidentiality of correspondence. The jurisprudence of the European Court of Human Rights has extended the concept of domicile to the space where a person carries out a professional activity. However, the Court, in its relevant case law, has outlined a concept which does not overlap with the acceptance of the domestic law of each Member State, as is the case with the concept of home in English law, which has a wider meaning than in continental law. We are therefore in the presence of an autonomous notion, within the meaning of Article 8 of the Convention, which is the subject of an extensive interpretation due to the identification of an emotional connection that a person may have with such a good. Therefore, if an extensive interpretation within the meaning of Article 8 of the Convention has led to the broadening of the notion of domicile and the professional sphere of a legal person, then one can also discuss a commercial private life.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: XLVII/2021
- Issue No: 2
- Page Range: 119-132
- Page Count: 14
- Language: Romanian