Despre vitalitatea persoanelor juridice în faţa Curţii Europene a Drepturilor Omului//About the vitality of legal entities before the European Court of Human Rights

Abstract

The possibility of legal entities to invoke fundamental rights provided for and protected by the ECHR cannot, at present, be put under the sign of doubt. A quick horizon tour of the Strasbourg Court's jurisprudence reveals numerous cases in which legal entities have prevailed over fundamental rights attached to access to justice and its functioning, freedoms of expression, religion, assembly and association, or protection of property. The present study aims to analyze recent similar requests, formulated by legal entities of Romanian nationality, which will allow reviewing the arguments for or against the recognition of the capacity of holder of fundamental rights for the benefit of the legal entity and, at the same time, drawing the limits associated with this recognition.

Keywords

• fundamental rights
• due process
• freedom of association
• freedom of expression
• protection of property