Provisions of Principle with European Constitutional Value on the “Person’s” Right to Freedom and Security

Journal of Danubian Studies and Research

卷:6

Cătălina Mititelu¹ 

[1] Ovidius University of Constanta;

关键词: human rights;    fundamental freedoms;    european court;   

DOI  :  

来源: DOAJ

【 摘 要 】

Among others, the Convention for the Protection of Human Rights andFundamental Freedoms contains principle provisions on the “person’s” right to freedom andsecurity. These principle provisions – with European constitutional value – were reaffirmedboth in the other EU main legal instruments, which, for its Member States, have the force of“Jus cogens”, and in the constitutions of the EU Member States.Under these principleprovisions, expressed in Article 5 of the Convention for the Protection of Human Rights andFundamental Freedoms, the European Court of Human Rights ordered that a person’sdeprivation of liberty by arrest or detention can be made only by a Court decision, under thelaw, and only by a Magistrate, and not by the Prosecutor’s decision.However, the provisionsof Article 5 of the Convention for the Protection of Human Rights and FundamentalFreedoms also reveal that, by the deprivation of liberty, no person shall be deprived of legalprotection “against the arbitrary”, hence the need for a better knowledge and, ipso facto, forthe correct application of the provisions of this Article.

【 授权许可】

Unknown