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The general interest and the human fundamental rights


Author: Coca George
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2009
Scientific adviser: Elena Aramă
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 28 March, 2009
Approved by NCAA on the 18 June, 2009

Abstract

Adobe PDF document – 0.25 Mb / in romanian

Thesis

CZU 340.12:659.2(043)

Adobe PDF document 1.69 Mb / in romanian
238 pages

Keywords

interest; fundamental human rights; reason; freedom and necessity; legal will; general interest – state reason; proportionality; the limit and the limitation of fundamental rights; freedom – limitation – responsibility; administrative disputed claims office; constitutional disputed claims office; people’s attorney and the parliamentary attorneys; European Court of Human Rights; national and international juridical order; public interest; common wellbeing; motivational system; purpose; social determinism; groups of interest; interest – will co-report; state of law and proportionality

Summary

The joining of society’s general interest with the freedom of its members, with respecting and protecting the rights and fundamental freedoms can be achieved only with the help of the law, through its two inner qualities, namely: the interest and the will.

My doctor’s thesis is of present interest because the most perfected means of social control is the law, which has the mission, through its normative function, to contribute at the conservation and development of man, at ensuring the satisfaction of his needs, rights and freedoms.

One aspect that concerned me during my research was trying to achieve a compared law study within my doctor’s thesis, taking into consideration that the thesis was carried out in the Republic of Moldova.

I brought about a compared law study concerning the following aspects:
a) The swift restriction of the rights and fundamental freedoms by the Romanian and Moldavian constitutional stipulations
b) The jurisprudence of the administrative disputed claims office instances concerning the limitation of fundamental rights in the name of general interest
c) The correlation between the fundamental rights and the general interest in the constitutional disputed claims office of Romania and the Republic of Moldova
d) People’s Attorney and the Parliamentary Attorneys in Romania and the Republic of Moldova, guarantors of the human rights observance

In my doctor’s thesis, I have broached the concept of general interest multidimensional, but I showed particular consideration towards legal interest.

I have also analyzed the concept of fundamental human rights from a historical perspective, but in the same time on the whole, in connection to freedom and responsibility.

As a result of my study, I concluded that the general interest, as a state reason, can only be achieved by strengthening the state’s role, by promoting the values that answer the vital needs of the individual, namely the consolidation of his economical function.

A fairly controversial question, which I tried to prove scientifically, was that of necessity and the means of limiting the fundamental human rights by invoking the general interest.

I concluded my doctor’s thesis suggesting some measures that could lead towards strengthening the general interest, building up the state of law, respecting and protecting the fundamental human rights and liberties.