Professional Documents
Culture Documents
Fundamental Rights and Freedoms
Fundamental Rights and Freedoms
• Philosophical
• Wordy
• Less suitable for application
• Declaration of intent
Individual Rights
Rights of the Public Sphere
Social Rights
Economic Rights
Political Rights
Individual Rights
art. 13 It Const.:
• Art. 13 It Const.:
Personal liberty may not be restricted «save by order
of the judiciary for which the reason must be
stated»
Art. 14 It Const.: Personal Domicile
• Art 14, It Const. recognizes personal domicile as one of
the inviolable rights and protects it from undue
interference
• the provisions of Art.14 take the concept to include any
domicile (office, hotel room etc.) regardless whether the
person having the right to it, is also the owner, because
domicile represents “the person’s spatial projection”
• the Constitutional Court in decision no. 135/2002:
“person’s spatial projection”
• Constitutional statutory and jurisdictional limits apply the
inspections, searches and seizures
Art. 15 It Const.: Freedom of Correspondence and
Information
1. Freedom of Assembly
2. Freedom of Association
3. Freedom of Religion and Creed
4. Freedom of Expression
Art. 17: Freedom of Assembly
Education
Healthcare
Welfare
Housing
Art. 33 Freedom in Teaching
Right to Property
Freedom of Enterprise
Freedom of The Market and Competition
Trade Union Rights
Main types of Economic Rights
• Protocol No. 16, not yet in force, will allow the highest
courts and tribunals of a member country to request
the Court to give advisory opinions on questions of
principle relating to the interpretation or application
of the rights and freedoms defined in the Convention
or the protocols thereto.
European Court of Human Rights