Aspects regarding the Divergences between the Constitutional and the Conventional Control in the Field of Human Rights

Abstract

The integration, at national level, of the jurisprudence of the European Court of Human Rights may open the subject of a dispute in relation to a contrary jurisprudence of the Constitutional Court, regarding the protection of human rights. This paper integrates the possible disputes and proposes ways of solving them, as well as proposals for improving the dialogue of European states regarding the jurisdictional protection of human rights.

Keywords

• unconstitutionality
• unconventionality
• res judicata