conference program - Facultatea de Drept - Dunarea de Jos

ASPECTS REGARDING JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS INMATTERS OF MORAL DAMAGESAbstractPh.D. Lecturer Anca-Iulia STOIANSpiru Haret University, ConstantaFaculty Of Law And Public AdministrationIn conformity with art. 34 of the European Convention on Human Rights, the Court may be asked toan application by any person or nongovernmental organization or a group of individuals who alleged victimof a breach by one of the high contracting parties of the rights recognized in the Convention or in itsprotocols. If the Court finds that there has been a breach of the Convention or its Protocols, and if law doesnot allow only incomplete removal of the consequences of such violations, the Court may grant an aggrievedparty repair fair.Moral damages awarded for harm caused such a person, consisting of a mental suffering as equityand ethics rules prohibit in principle the granting of compensation for material damage morale, because thepain of mind is incompatible with a cash equivalent. It is however justified the granting of materialcompensation to those persons whose opportunities for social and family life have been altered as a result ofunlawful acts committed by others. This compensation is intended to create living conditions thatcounterbalance to some extent the victim’s mental suffering.GALAŢI, 24 th -25 th of April 2009 39