The risk of non-complying with The European Convention of Human Rights

摘要

After the submission of the European Council in 1993, Romania has been ratified the European Convention of Human Rights and the Statue and its Protocols of the European Court of Human Rights. The years to come after 1993, reveal that many citizens where unsatisfied with the durance of a process, with a wrong application of Romanian law, so that they take the chance of appealing of the European Court of Human Rights, as a last hope of justice. In this respect, Romania was obligated for many times to pay moral or material damages to these citizens for the unaccomplished of The European Convention, mentioned below. Another risk was to be force to change his legislation, so in the domain of civil law, as it is in the criminal law. But this changes where in the sense of large democratizations both the legal procedure and the mentality of the Romanian judges. The present article is proponing to analyze the modification of the Romanian legislation after what the European Court of Human Rights admitted some of the petitions demanded versus our country, as a main risk of unaccomplished of The European Convention.