Rolul judecătorului în aflarea adevărului. Selecţie de jurisprudenţă a Curţii Europene a Drepturilor Omului din 2020-2022

Roxana Rizoiu

formator, INM

The judge's role in finding the truth

Selected case law of the European Court of Human Rights from 2020-2022

Abstract

The case law of the European Court of Human Rights refers only incidentally to the role of the judge in ascertaining the truth, particularly since this area is usually left to the national authorities. However, the Court retains its role of verifying, at the end of the proceedings, whether the manner in which the evidence was administered leads to consequences consistent with the values of the Convention. In this respect, we analyse examples of the application of the guarantees of Article 6 of the Convention, but also of Article 8 or Protocol No 7.

Keywords: ECHR jurisdiction, overall assessment, probative value, secret information, evidence held by Facebook, subsidiarity, right to autonomy and dignity.

Rezumat

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