文章基本信息

标题：Solving causes by report to the principles of the Strasbourg Court
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作者：Călin-Ioan RUS
期刊名称：Juridical Tribune
印刷版ISSN：2247-7195
电子版ISSN：2248-0382
出版年度：2017
卷号：7
期号：Special Issue
页码：251
出版社：Law Department of the Bucharest University of Economic Studies
摘要：This study aims to find a new perspective for interpretation in cases where thejudgments of the international courts (in particular the European Court of Human Rights)are contradictory or create uncertainty, so that they cannot be effectively considered whenjudging. It is known that the national judge must take into account the judgments of theStrasbourg Court to prevent a possible condemnation of the Romanian state, but when theconventional block is not unitary, we need to find a benchmark that helps us correctly solvethe case. We believe that, in these circumstances, relying on the principles of law isnecessary, and the principle of trust in justice can be a new, determining factor, inchoosing a concrete legal solution. In order to demonstrate the effectiveness thisinterpretation, a practical case will also be analysed, on the basis of which the implicationsof such a method can be highlighted. Moreover, the principle of trust in judgments could beused in other cases similar to the practical situation presented and could become aconcrete way of interpretation in cases of case law overruling or case law uncertainties, sothat the individual’s rights are not injured.
关键词：case law overruling; ECHR; legal interpretation; legal principles; prosecutors’;papers.