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

Among others, the Convention for the Protection of Human Rights and Fundamental Freedoms contains principle provisions on the "person’s" right to freedom and security. These principle provisions – with European constitutional value – were reaffirmed both 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 principle provisions, expressed in Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Court of Human Rights ordered that a person’s deprivation of liberty by arrest or detention can be made only by a Court decision, under the law, and only by a Magistrate, and not by the Prosecutor’s decision. However, the provisions of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms also reveal that, by the deprivation of liberty, no person shall be deprived of legal protection "against the arbitrary", hence the need for a better knowledge and, ipso facto, for the correct application of the provisions of this Article

The Observance of Human Rights and Freedoms in the Extradition Proceedings at National and International Levels

The fundamental rights and freedoms contained in international documents may be the object of the denial of an extradition request as independent exceptions, even if they are not covered by extradition treaties. The right to life is a fundamental human right whose protection must be achieved in the extradition proceedings. By Law no. 30/1994, Romania ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe

International Covenant on Civil and Political Rights

According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity), since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection

International Covenant on Civil and Political Rights

According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity), since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection

The Observance of Human Rights and Freedoms in the Extradition Proceedings at National and International Levels

The fundamental rights and freedoms contained in international documents may be the object of the denial of an extradition request as independent exceptions, even if they are not covered by extradition treaties. The right to life is a fundamental human right whose protection must be achieved in the extradition proceedings. By Law no. 30/1994, Romania ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe