Dimensiunea de remediu compensatoriu intern a acțiunii în răspundere civilă delictuală, pentru încălcări ale art. 3 din CEDO în sistemul penitenciar românesc – realitate sau deziderat?
The dimension of internal compensatory remedy of the action in tortious civil liability, for violations of art. 3 of the ECHR in the Romanian penitentiary system - reality or desideratum?

Summary/Abstract: The stage from 1969 to the present marks a period of major legislative transformations, with reforms evident, especially after the ratification of the Convention in 1994 and under the direct influence of the standards imposed by the Council of Europe system, domestic criminal law, now being in line with the accessibility requirement and offering specific remedies to detainees, for the protection of their rights, and the civil law, also reformed, offers the premises for the consecration of a real internal compensatory remedy, of common law. From the point of view of compliance with ECHR standards, we must admit that, at least for the time being, the instruments available in domestic law, both at the level of the preventive remedy and the compensatory remedy, are not fully effective remedies for the Court. The action for tortious civil liability is the longest lived legal instrument in domestic law, which has the vocation of becoming an effective internal compensatory appeal, in the true sense of the word, if the domestic jurisprudence values it in this respect.

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