Acta Universitatis Danubius. Juridica, Vol 1, No 1 (2005)

Abstract

The jurisprudence of the European Court on Human Rights abounds in valuable judgments and will abound for a long time, which does not surprise us, considering its interpretative dynamism. The European Convention on Human Rights contains stipulations concerning human rights and liberties, but admits also restrictions - as long as they consist in the necessary measures in a democratic society – “referring to the national security, public safety, the economic prosperity of all countries, keeping order and preventing breaking of the law, to protect health or moral values, or the rights and freedoms of our own kind”. The evaluation of these elements is itself a value judgment that would replace the arbitrary right. The progressive interpretation of the European Convention on Human Rights by any judge represents a step forward.