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

Authors

  • S.-G. Barbu Transilvania University of Brasov, Romania
  • C.-M. Florescu Bucharest Court of Appeal, Romania

DOI:

https://doi.org/10.31926/but.ssl.2023.16.65.1.11

Keywords:

unconstitutionality, unconventionality, res judicata

Abstract

The integration, at the 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.

Author Biographies

S.-G. Barbu, Transilvania University of Brasov, Romania

Ph.D., associate professor, Faculty of Law
Bucharest Court of Appeal, Romania
former judge

C.-M. Florescu, Bucharest Court of Appeal, Romania

Ph.D., judge 

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Published

2023-08-01

Issue

Section

LAW