THE HUMAN RIGHTS PROTECTION SYSTEM IN EUROPE
Journal: Studia Securitatis (Vol.XVI, No. 2)Publication Date: 2022-12-20
Authors : Andreea DRAGOMIR Sergiu Gabriel BERINDEA;
Page : 79-90
Keywords : Council of Europe; European Union; human rights; EU-Charter of Fundamental Rights; European Convention on Human Rights;
Abstract
This dual system of protection of human rights and fundamental freedoms established at the European Union level — the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights — ensures uniform and unhindered protection, specific to modern democracies, to all citizens of the Union area. The paper aims to identify the elements of interference in the application and observance of the content provided by the two supranational acts by identifying the legal nature of each individual and by recognizing the legal, social, economic, and political factors that may represent threats in the implementation of human rights and fundamental freedoms.
The projection of risks and threats to the system of protection of human rights and fundamental freedoms within the European Union leads to the possibility of forming elements of protection at both doctrinal and case-law levels. To achieve the security of the protection system established at the Union level, it is necessary to work together on several issues: the European Court of Human Rights, the Court of Justice, the institutions of the European Union, the States, and the national courts through its case-law.
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