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

• Main Authors: Adriana Elena PORUMBOIU, Petre BREZEANU
• Format: Article
• Language: English
• Published: Universitaria Publishing House 2020-11-01
• Series: Finanţe: Provocările viitorului
• Subjects: fiscal expenditure; romania; jurisdiction; fiscal risk
• Online Access: http://www.financejournal.ro/fisiere/revista/86299189705_Porumboiu_Brezeanu1_en.pdf

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.