EIRP Proceedings, Vol 10 (2015)

Abstract

Since 1950 - when it was ratified – the European Convention on Human Rights has had a decisive impact on the legislation, jurisprudence and judicial practice of the signatory States of its text. A true “Charter” of Human Rights, the Convention - which was revised and amended by additional Protocols – enounced not only the human rights and fundamental freedoms, but also provided the framework of their legal protection, which laid the foundation of a new era in the history of human rights. Among others, our paper emphasizes also the fact that the European Convention on Human Rights sets not only the general principles of the EU law, principles that have the force of “Jus cogens” for all EU states in the field of human rights and fundamental freedoms, but also it guarantee them a proper legal protection. Since this reality was not yet fully noticed and analyzed in the juridical literature, we believe that, by emphasizing it, we bring a real contribution to a better understanding and to a better capitalization of the first “Charter” of European Human Rights.