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The Lawsuits Romania Loses at European Court of Human Rights - Judicial Vulnerability, Fiscal Consequences

Author

Listed:
  • Adriana Elena PORUMBOIU

    (Bucharest University of Economic Studies, Bucharest, Romania)

  • Petre BREZEANU

    (Bucharest University of Economic Studies, Bucharest, Romania)

Abstract

The lawsuits lost by Romania raise several questions. From a legal point of view, they prove that the application of legal provisions and the observance of fundamental rights in Romania often register slips, sanctioned by the EU institutions with attributions in this respect. Economically speaking, they involve amounts to be reimbursed, damages, and legal fees to be paid, so amounts that increase public expenditures and are difficult to anticipate. This article aims to highlight Romania's position in relation to the other member states of the European Union regarding the number of cases pending at the European Court of Human Rights and the compensation to be awarded. We will also exemplify what other expenses could have been made with the most significant amounts, which Romanian state had to pay in these lost trials. The results indicate that for Romania, the lawsuits submitted to the ECHR constitute a fiscal risk.

Suggested Citation

  • Adriana Elena PORUMBOIU & Petre BREZEANU, 2020. "The Lawsuits Romania Loses at European Court of Human Rights - Judicial Vulnerability, Fiscal Consequences," Finante - provocarile viitorului (Finance - Challenges of the Future), University of Craiova, Faculty of Economics and Business Administration, vol. 1(22), pages 51-57, November.
    • Handle: RePEc:aio:fpvfcf:v:1:y:2020:i:22:p:51-57
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    References listed on IDEAS

    as
    1. Porumboiu Adriana Elena & Butu Ionela & Ghetu Raluca & Brezeanu Petre, 2019. "Fiscal Risk Of Vat Uncollected In European Union," Annals of Faculty of Economics, University of Oradea, Faculty of Economics, vol. 1(2), pages 200-207, December.
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    6. Adriana Elena PORUMBOIU & Petre BREZEANU, 2019. "A Literature Review on Fiscal Risks," Finante - provocarile viitorului (Finance - Challenges of the Future), University of Craiova, Faculty of Economics and Business Administration, vol. 1(21), pages 107-111, November.
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    More about this item

    Keywords

    Romania; ECHR convictions; fiscal expenditure; jurisdiction; fiscal risk;
    All these keywords.

    JEL classification:

    • H50 - Public Economics - - National Government Expenditures and Related Policies - - - General
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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