COMPENSATION FOR INDIVIDUAL PREJUDICE IN EUROPEAN LITIGATION OF HUMAN RIGHTS
DOI:
https://doi.org/10.18662/eljpa.2014.0102.08Keywords:
Satisfaction, law, moral damages, democratic governance, human rights.Abstract
This paper aims at presenting some problems regarding individual prejudice, by invoking the European Convention on Human Rights. Starting from the fact that the Convention lies in the approach of positive law in the sense of creating a legal regime of rights and freedoms by establishing a system of protection through legal proceedings[1], of the individual, acting as a guarantor, jurisprudence exercise transferred the interest for repairing damages caused by the violation of rights that require satisfaction of some compensation measures in the form of damages. So, repairing methods are achieved by equitable satisfaction.
[1] B. Selejan-Gutan, European protection of human rights, Ed. A 4- a C. H. Beck, Bucuresti, 2011, p. 28.
Nemtoi, G. (2014). COMPENSATION FOR INDIVIDUAL PREJUDICE IN EUROPEAN LITIGATION OF HUMAN RIGHTS. European Journal of Law and Public Administration, Year 2014, Issue 2, December, pp. 81-86. DOI: http://dx.doi.org/10.18662/eljpa.2014.0102.08
References
B. Selejan-Gutan, European protection of human rights, Ed. A 4- a C. H. Beck, Bucuresti, 2011.
C.P.I.J., 13 septembrie 1928, Uzina Chorzow, www.icj-cij-.org/pcij.
C.-R. Popescu, Compensation in European human rights litigation, Ed. Hamangiu, 2013.
D. Gomien, D. Harris, L. Zwaal, Law and Practice of the European Convention on Human Rights and the European Social Charter, Council of Europe Publishing Strasbourg, 1996.
E. Lambert-Abdelgawad, L'execution des arrets de la Cour europeenne des droits de I homme, Collection.
C. E.D.O. Comingersoll S.A.c Portugalia, Case from 6 april 2000.
C.E.D.O. Brumarescu c Romania art.41, Case from 23 ianuarie 2001.
C.E.D.O. Loizdou c Turcia, art. 50, Case from 28 july 1998.
C.E.D.O., Editions Plon c Franta Case from 18 may 2004.
C.E.D.O., Papamichalopoulos si altii c Grecia art. 50. Case from 31 october 1995.
Downloads
Published
How to Cite
Section
License
Copyright (c) 2014 Gabriela NEMTOI

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication, with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work, with an acknowledgement of the works authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g. post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in European Journal of Law and Public Administration.
- Authors are permitted and encouraged to post their work online (e.g. in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as an earlier and greater citation of published work (See The Effect of Open Access).
EJLPA Journal has an Attribution-NonCommercial-NoDerivs
CC BY-NC-ND