THE EUROPEAN PUBLIC ORDER AND THE REFORM OF THE CONTROL MECHANISM FOR THE OBSERVANCE OF THE RIGHTS STIPULATED BY THE EUROPEAN CONVENTION OF HUMAN RIGHTS

Nicoleta Adriana Odina
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Nicoleta Adriana Odina: Assistant professor, PhD., "Eftimie Murgu" University of Resita, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2012, vol. 51, 42-53

Abstract: The mechanism for the protection of human rights on the European level is heading towards a reform aimed at reducing the time consecrated by the European Court to the inadmissible or repetitive complaints and petitions, granting at the same time the due importance to the complaints raising important issues. We may suppose that in its future jurisprudence in the application of Protocol no.14, the Court will interpret the new admissibility criteria introduced by this protocol so that it should not affect the spirit of the protection system of the human rights guaranteed by the Convention. The solution for the existence of a unitary conception in the European space, as regards the approach of fundamental rights issues, is a political one; it is provided, on the one hand, by the Lisbon Treaty, and on the other part, by the Protocol no.14 of the European Convention of Human Rights. From the perspective of the new regulations in the field and of the two Courts’ jurisprudence – the Court of Strasbourg and the Court of Luxembourg – one may conclude that there is an evident reformatory trend for building a unified law of human rights on the European level, even if we will have two courts and two Conventions in the matter.

Keywords: fundamental rights; common fundamental values; the reform of the European Convention of Human Rights; filtering criteria for the complaints and petitions brought before the Court; “the well-established jurisprudence of the European Court” (search for similar items in EconPapers)
JEL-codes: K33 K42 (search for similar items in EconPapers)
Date: 2012
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