THE EUROPEAN CONVENTION ON HUMAN RIGHTS SYSTEM – CONSTITUTIONAL INSTRUMENT ON HUMAN RIGHTS OF THE REPUBLIC OF MOLDOVA

Alina Mihaela Grigorescu

FIAT IUSTITIA, 2024, vol. 18, issue 1, 24-30

Abstract: The Convention system is itself a constitutional instrument of the European public order, generating an irreversible process of congruence of national public orders. The metamorphosis of the legislative and administrative systems of the States has been obligatory in terms of the interpretative and constitutional paradigm, the correlations being indispensable for an elliptical approach, in which the domestic rule finds correspondence in the legal articulation regulated by the Convention system and vice versa. The value of constitutionalisation also derives from the influence of the European Court of Human Rights’ judgments at the level of national constitutions and Constitutional Courts, which have normatively and administratively reshaped the limits of the application of fundamental rights and freedoms at national level. We are talking here about an integrated, interconnected constitutionalism, which has identified and achieved that fine-tuning between the confluence of the national fundamental rule in the dimensions of the reality in which it applies and the rule described by the Convention in the frame of reference of the European reality. At the same time, this integrated constitutionalism has had the sensitive role of balancing the sovereignist ambitions of domestic legal systems with, paradoxically, the concrete projection, within the limits of those same domestic legal systems, of the effects of the protection of the universal rights guaranteed by the Convention.

Keywords: constitutionalisation; European Convention on Human Rights; standards; judgments of the European Court of Human Rights; public order; the hierarchy of values; transnational authority (search for similar items in EconPapers)
JEL-codes: K38 (search for similar items in EconPapers)
Date: 2024
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