Cine răspunde pentru prejudiciile care decurg din nerespectarea drepturilor garantate de Convenţia Europeană a Drepturilor Omului

Roxana Rizoiu

Formator Institutul Naţional al Magistraturii

Who is liable for damages arising from the violation of rights guaranteed by the European Convention on Human Rights

Abstract

Damages produced as a result of violating rights guaranteed by the Convention can be compensated through a judgment condemning the state issued by the European Court of Human Rights or, conversely, can be compensated through domestic legal means, following the judicious application of the principle of subsidiarity. This study follows two jurisprudential paths regarding the coverage of damage caused by human rights violations, which culminated in the interpretation of relevant Civil Code provisions on tort liability in conformity with the Convention.

Keywords: Right to an effective remedy, detention conditions, excessive length of proceedings, state's international law liability,...