The Authority of the European Convention on Human Rights and the European Court's Jurisprudence

Corlăţean, Titus
December 2011
Transylvanian Review;Winter2011, Vol. 20 Issue 4, p53
Academic Journal
The present study emphasizes the role and the authority of the European Convention on Human Rights upon the legal domestic order within the States Parties to this international instrument. Today is almost generally considered that both the text of the Convention and the jurisprudence of the European Court of Human Rights are incorporated in the national legal systems of the European states and have a legally binding force. The study presents the specific situation of Romania, where the decisions of the national Courts of Justice in the domain of human rights are based on the case law of the European Court. Also, the legal authority of the European Convention is above the common legislation, as it has the same power as the specific norms of the Constitution and may have, in exceptional cases, even a stronger legal power than the Constitution.


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