Изискванията на Европейската конвенция за защита правата на човека и основните свободи спрямо националното законодателство и практиката по прилагане на полицейски правомощия
The requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms towards the national legislation and practice of police powers implementation

Author(s): Tsvetana Petrova
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Right to life; prohibition of torture; European Court of Human Rights; police powers; detention of a criminal
Summary/Abstract: The paper examines the requirements of the European Convention on Human Rights towards the provisions of our national legislation regulating the powers of law enforcement officials to use force, auxiliary means and firearms, respectively the practice of their implementation. The hypotheses of lawful application of the powers that are in compliance with the “absolute necessity” standard have been analysed, as well as cases of violations of Articles 2 and 3 of the Convention, concerning the right to life and the prohibition of torture. Numbers of European Court of Human Rights, judgments against the Republic of Bulgaria are presented, which are relevant for the activity of each of the three authorities – legislative, judicial and executive.

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