Revista Institutului Naţional de Justiţie (Jul 2015)
Obligațiile negative ale statelor și garanțiile procedurale în temeiul convenției europene a drepturilor omului
Abstract
In the base of concrete articles of the European Convention on Human Rights, the Strasbourg Court had established a set of negative obligations obligatory to the states-parties, negative obligations formulated by virtue of articles concerning procedural guarantees having a special place. Th ough such obligations are much more reduced numerically and conceptually in comparison with positive obligations or even negative obligations settled in base of articles prescribing material rights, actually they relate to fundamental rights and freedoms of a prominent importance interfering net superior values such as liberty and security of person. In the following there are analyzed certain negative obligations put upon states according to art. 5 (right to liberty and security), art. 7 (no punishment without law), art. 1 Protocol 7 (procedural safeguards relating to expulsion of aliens) and art. 4 Protocol 7 (right not to be tried or punished twice) of the European Convention.
