The European Court of Human Rights and its theories of interprepreting the European Convention of Human Rights

• Main Author: Cristinel MURZEA
• Format: Article
• Language: English
• Published: Transilvania University of Brasov Publishing House 2012-01-01
• Series: Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
• Subjects: European Convention of Human Rights; European Court of Human Rights; theory; interpretation
• Online Access: http://webbut.unitbv.ro/Bulletin/Series%20VII/BULETIN%20VII%20PDF/18_MURZEA_BUT-1%202012.pdf
• ISSN: 2066-7701; 2066-771X

The European system of human rights protection is generally considered as a model of the effectiveness at the level of the international human right law. This general opinion expressed in the doctrine is mainly due to the current mechanism of protection of the rights guaranteed by the European Convention of Human Rights that enables an unique and permanent body, namely the European Court of Human Rights, to exercise an effective control upon the violations of the convention made by the Member States. Still, the doctrine is not very open to the interpretations of the ECtHR. In the following we shall present the main theories reflected in the ECtHR case-law as well the criticism formulated by the doctrine.