Browsing by Author "Colodrovschi, Silvian"

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    L’animal en droit européen des droits de l’homme. Analyse des avancées jurisprudentielles enregistrées et des pistes d’évolution envisageables [Articol]
    (USARB, 2024) Colodrovschi, Silvian; Spatari, Mariana, responsable scientifique
    This article takes as its starting point the examination of the case-law of the European Court of Human Rights in the field of animal rights and of the reasons it still remains poorly developed in comparison with the case-law of the Court of Justice of the European Union. Given the legal evolution of the status of animals and the relationships that exist between legal systems, conventional law cannot remain insensitive to this and will have to undergo changes. This development will have major implications for guaranteeing a strengthening of animal rights in all member states of the Council of Europe, taking into account the positive and negative obligations that arise from their status as State member of the Council of Europe.
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    Serait-il opportun d’introduire dans la constitution une disposition relative aux animaux? [Articol]
    (USARB, 2024) Spatari, Mariana; Colodrovschi, Silvian
    The need to guarantee certain rights to animals that have been recognized as being endowed with sensibility is a controversial subject in contemporary law. The laws regarding animal rights, adopted in numerous countries, have proven to be insufficient. Thus, in countries where this protection was guaranteed in the Constitution, a much greater involvement of the authorities is observed to ensure the effectiveness of this guarantee, but also of the judges, whose sanctions that are applied for the violation of animal rights have become more severe. In this perspective, the objective of this study is to analyze the situation of the States that have guaranteed animal rights, by exposing the advantages of implementing such a reform in the practice of other States.