AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: CRISTINA TOMULEȚ.
DOI: 10.24193/SUBBiur.67(2022).4.4
Article history: Available online April 31, 2023.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 137-162
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ABSTRACT In this article, I have analyzed the flexible interpretation of the European Convention by the European Court of Human Rights and the historical causes of this method of interpretation. At the same time, I have identified the main weights and counterweights with which the Court operates in the context of the interpretation of the Convention, showing that the process in question resembles a balancing exercise, in which various interpretation techniques are used. I have analyzed the effective interpretation of the Convention, its evolutive interpretation in the context of the margin of appreciation of states and the emerging consensus doctrine, as well as the theory of positive obligations. In conclusion, I have pointed out that the interpretation of the Convention appears to be ''unbalanced'' in the direction of the effective protection of fundamental rights, which is preferable to a ''balanced'' interpretation, which would leave us vulnerable to state abuses.
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