Influenţa jurisprudenţei CtEDO asupra legislaţiilor naţionale privind protecţia penală a autorităţii//The influence of EcTHR jurisprudence on national legislation regarding the criminal protection of the authority

Abstract

Civil servants represent the key element of public administration, having specific duties and responsibilities. They must have the necessary skills and the appropriate legal and material support to properly perform their duties. In order to fulfil the duties conferred by law, in certain circumstances, criminal protection of public authority and exponents thereof may be involved. The article mainly focuses on the analysis of the case law of the European Court of Human Rights and other international judicial organisations regarding acts of violence against authorities and the way they were treated. Through a perspective focused on the respect of human rights, public office and the phenomenon of assault of a public official are explored by highlighting the importance of respecting those rights in relation with the exponents of public authorities. The impact of these judgments on national legislation, the protection of individual rights and the balance between the criminal protection of the authority and freedom of expression have been also assessed.

Keywords

• assault of a public official
• public authorities
• human rights
• ecthr case law
• criminal protection of authority.