Review article
The influence of the European Convention of Human Rights on the national private law
Boštjan Tratar
; Fakulteta za državne i europske studije na Brdu kod Kranja
Abstract
ECHR with its judicature as regards the positive obligations of the state (e.g. the cases Appleby and Others v. The United Kingdom and Pla and Puncernau v. Andora) influences on a national private law sistems. The doctrine of the positive obligations of the state is the doctrine, that has been developed on the basis of the ECHR and that pins responsibility on the state not only for the violations of the rights from the state and its organs or others public organs, but also for the violations, that results from the fact, that the state hasn't do something because of the lack of the system, but it should do. As regards the abovementioned the state is responsible also for the activities of the natural and legal persons of the private law. Article 1 of the ECHR namely recquests from the contracting states, that all persons, that are under their competence, guarantee the rights and freedoms, as they are defined in the ECHR. To ensure the effective protection of conventional rights there is a need to protect them not only against the state violations, but also against the decesive violations from the non-state actors (the s.c. thirds). Not only in the national legal systems but also in the system of the ECHR is the theory of the constitutional protective duties the best idea for the solving the problems of the violation of the legal goods, that are protectec by the ECHR, also against the non-state subjects.
Keywords
positive obligations; the rights of the ECHR; private law; Drittwirkung; the ECHR; the European Convention on Human Rights
Hrčak ID:
129103
URI
Publication date:
22.10.2014.
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