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- Title
THE PARTICULARITIES OF ADOPTING THE JUDGMENT IN THE CONTENTIOUS PROCEDURE OF HUMAN RIGHTS.
- Authors
BARBU, Denisa
- Abstract
The contentious procedure of human rights is a complex procedure with particular characteristics resulting from the position of individuals in international relations related to the exercise of protection of fundamental rights and freedoms. Legal framework of protecting the individual rights and freedoms recognized in the Council of Europe is ECHR, governing procedural aspects relating to the setting up, adoption and implementation of the judicial act decided by the European Court of the Human Rights. The doctrine concerning the procedure of drawing up laws in the European Court is quite modest, unlike the one that refers to principles and methods for the context of the European Convention which the magistrates in Strasbourg use. Unlike the International Court of Justice, the procedure concerning the deliberations and voting under the ECHR is regulated only by its Regulations. Right from the start, since the adoption of the first regulation, judges have instituted several principles governing the deliberations over decisions, among which we mention the rule of confidentiality. It is what provides the current Regulation of art. 22: "the deliberations of the Court shall remain secret".
- Subjects
HUMAN rights; LEGAL judgments; EUROPEAN Court of Human Rights; COURT of Justice of the European Union; JURISPRUDENCE
- Publication
Valahia University Law Study, 2017, Vol 29, Issue 1, p29
- ISSN
2247-9937
- Publication type
Article