The reflection of article 9 of The European Convention On Human Rights in the romanian legislation

• Author: Ion Ristea
• Position: Acad. Andrei Radulescu' Legal Research Institute Romanian Academy, Bucharest, Romania, University of Pitesti, Pitesti, Romania
• Pages: 162-164

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 162-164

162

THE REFLECTION OF ARTICLE 9 OF THE EUROPEAN

CONVENTION ON HUMAN RIGHTS IN THE ROMANIAN

LEGISLATION

I. Ristea

Ion Ristea

“Acad. Andrei Radulescu” Legal Research Institute

Romanian Academy, Bucharest, Romania,

University of Piteti, Piteti, Romania

*Correspondence: Ion Ristea, 15 Painter Nicolae Grigorescu St., Pitesti, Arges County,

Romania

E-mail: ristea_m_ion@yahoo.com

Abstract

Freedom of thought, conscience and religion is a fundamental right. It comprises the

right to beliefs, the right to change his belief or the right to not share a belief. Romania

respects and guarantees this fundament freedom for every person on its territory, according

to the national Constitution and international treaties to which Romania is part.

Key words: freedom of thought, freedom of conscience, freedom of religion, belief,

European Convention on Human Rights, Romanian Constitution.

Introduction

The basic preoccupation of the Member States of the Council of Europe in the process

of reformation is to place their criminal legislation to the level of the European Convention

on Human Rights, the provisions of the Convention becoming European standards for all

national legislations. The European Convention, signed in Rome on 4 November 1950, and

entering into force on 3 September 1953 (ratified by the Romanian Parliament by Law

30/1994) is the most important document drafted by the Council of Europe (which was

founded in 1949 and gradually enlarged after 1980) for the protection and development of

human rights and fundamental freedoms.

The humanistic principles stated by the Convention shall create a judicial framework

proper for the development of human personality and its protection against any abuse from

the authorities and has a decisive influence on the legislation of the European states, Member

States of the Council of Europe.

Romania accepted as a full member in the Council of Europe on 4 October 1993 has

laid efforts to modify its legislation (civil, administrative and criminal) in relation to these

humanistic principles and in accordance with the actual stage of the development of social

relationships.

Starting with the Constitution (in force since December 1991 and revised in 2003),

which stated many of the European Convention’s principles and from that moment all

important normative acts were inspired from the European regulations. Also, in the criminal

doctrine numerous studies were dedicated to the European Convention

1

.

1

G. Antoniu, Implicaii asupra legii penale român e a Conveniei Europene a Drepturilor Omului, in Romanian

Law Studies Review, Volume 4(57), 1992, No. 1, p.5–13; G. Antoniu, Articolul 5 din Convenia European a

Drepturilor Omului, in “Studii de drept românesc” Review, Volume 5(38), 1993, No. 2, p p. 167–184; G.

Antoniu, Articolul 6 din Co nvenia European a Drepturilor Omului. Implicaii asupra legislaiei penale