Fundamental human rights in europe past and present

• Author: Cezar Tita - Dana Tita
• Position: University lecturer PhD., Faculty of Law and Public Administration Rm. Valcea, Spiru Haret University - Lecturer (Trainee for a Doctor`s Degree), Faculty of Law and Public Administration Rm. Valcea, Spiru Haret University
• Pages: 96-102

FUNDAMENTAL HUMAN RIGHTS IN EUROPE

PAST AND PRESENT

Cezar Tită

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Dana Tită

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Abstract

In Europe, the legal systems are almost totally rooted in the Roman Law system,

during their evolution, the legislator inserting different rules confirming fundamental rights

to the individuals and practical means for their protection.

In the twentieth century, ideas were developed, especially in the political area, ideas

leading to the foundation of ideologies that were the basis of the totalitarian states, which did

not offer the individuals those specific means to exercise, grant and defend them, denying the

existence of the fundamental human rights.

Such was the Soviet totalitarian system, which is a standard for the other similar

systems.

After the fall of these systems, it seemed that the human rights would be

homogeneously imposed to the legal systems of all the states, but the emergence of the

terrorism, with its consequences, involved a rethinking of the way of approaching the issue of

the individual's fundamental rights, and now, for safety and security reasons, these rights

must be under a certain limitation.

Keywords: human rights, ideology, terrorism, globalization.

Introduction

In Europe, the legal systems are derivatives of the Roman legal systems, as, each of

them, are real examples of adapting it to different socio-economic situations. Within each

legal system, the legislator has placed various instruments through which the individual

freedom is guaranteed in opposition with the state influence, the rights and interests of each

person are respected and the limitation of the state’s intervention can also be accomplished

in the relations between individuals.

"The individual must be able to move freely, to have full access to education, to

decide the economic area into which he or she will act, not to be under the authority of the

administrative authorizations”

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In a total opposition to this conception about the rights of the individual, which must

be protected, especially in relation to the state, as a controlling power, there are the concepts

which are the basis of the law systems of the totalitarian states.

Any victorious revolution aims at the achievement of an immediate denial of the past

and beginning of achieving own guiding ideas and the events underlying the establishment of

Soviet regime in Russia and the Nazi regime in Germany, brought to nothing else. Ideologies,

namely the totalitarian ideologies, contain an idea into themselves, an idea developed inside

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University lecturer PhD., Faculty of Law a nd Public Administration Rm. Valcea, Spiru Haret University;

c.tita.dvl@spiruharet.ro

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Lecturer (Trainee for a Doctor`s Degree), Faculty of Law and Public Administration Rm. Valcea, Spiru Haret

University; d.v.tita.dvl@spiruharet.ro

1

Losano, G., Mario, Great Judicial Systems. Introduction to the European and Extra European Law, All Beck

Publishing House, Bucharest, 2005, p. 66.