Review article
CIVIL RIGHTS AND OBLIGATIONS AS THE AUTONOMOUS CONCEPTS UNDER ARTICLE 6 OF THE EUROPEAN CONVENTION FOR PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Sanja Grbić
; Faculty of Law, University of Rijeka
Abstract
European Court of Human Rights interprets autonomously through its case law the concept of civil rights and obligations under Art 6 of European Convention for protection of Human Rights and Fundamental Freedoms. Due to the great importance of Art 6 it did not identify the meaning of these concepts with the same meaning in the national legal systems of the Contracting States of the European Convention for protection of Human Rights and Fundamental Freedoms. Instead, through its case law has given an extensive interpretation of these terms. Therefore, in this paper is presented a detailed analysis of the origin and content of civil rights and obligations as well as the doctrine of autonomous concepts. Also many examples are listed from the case law of the European Court of human Rights, which clearly show that he is expanding the meaning of these terms, and the consequences that their injuries had on the legislation of certain Contracting States. This paper explains the concept of civil rights and obligations in terms of the convention in the Republic of Croatia.
Keywords
civil rights and obligations; right to a fair trial; autonomous concepts; European Convention for protection of Human Rights and Fundamental Freedoms; European Court of Human Rights
Hrčak ID:
134396
URI
Publication date:
30.12.2012.
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