Acţiune în constatarea caracterului ilicit al unei campanii de denigrare. Incidenţa dispoziţiilor art. 10 din Convenţia pentru apărarea drepturilor omului şi a libertăţilor fundamentale. Condiţii şi efecte

Declaratory judgment of the illegal nature of a campaign of denigration. Applicability of the provisions of art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Conditions and effects

Abstract

A civil lawsuit concluded by the judgment which settles the merits, based upon the warranties provided by art. 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, includes, inter alia, the right of the parties to be actually "heard", as the court of law is obliged to proceed to an actual, real and consistent examination of the means, arguments and evidence produced by the parties, at least for the purposes of appreciating their pertinence with a view to establishing the de facto and de jure situation.

These requirements are not...