European rules and their impact on human rights in the Romanian legal systems. Case study

Through this work we aimed to analyze whether and to what extent, Romania, as a state signatory to the Convention for the Protection of Human Rights and Fundamental Freedoms has fulfilled the two natural requirements arising from is capacity of contracting state, namely:
a) if it implemented in its national legislation the European rules on human rights and;
b) if it ensures their effective observance within the judicial work of the State.
Concerning the first requirement, we can notice that Romania has aligned its legislation on human rights both by their inclusion in its Constitution and by enactment of general or special laws in this area. However, the European Court of Human Rights hasn’t effectively condemned Romania for lack of legislation, but especially for infringement of human rights and fundamental freedoms in the enforcement process. With respect to the second issue, as from the analysis on several cases decided by the European Court of Human Rights, with reference to the constitutional review carried out by the Constitutional Court of Romania, it results that in the judicial practice we can still find violations of rules on human rights and fundamental freedoms.