Revista Institutului Naţional de Justiţie (Jul 2015)
Jurisprudența CtEDO în cazuri de susținere a regimurilor separatist
Abstract
In article below are elucidated the problems regarding the implementation of CEDO provisions on the separatist regimes territory, determination of the state that has the jurisdiction on the territory controlled by a separatist regime and regarding the extent of its international liability, in case it is part of the Convention. Th e article reveals ECHR vision regarding the acts legitimacy of separatist regimes and analyze the requests addressed to the ECHR and the perspective of their solving. In article is approached the possibility that, de facto, a separatist regime is undergoes to the Convention authority, being non-equivalent with its recognition as state with international statute but an understanding which means that CoE states member can exercise the legitimate political authority, in case the separatist regime acts incompatible with the human rights guaranteed by the Convention.
