Impact of Roman Law on the European Convention on Human Rights

Abstract

The article is dedicated to the analysis of the impact of Roman law on the modern system of human rights protection, established by the European Convention on Human Rights. The impact of Roman law on the contemporary legal thinking and reasoning in this area is analysed with regard to the proceedings stipulated by the Convention. An argument is made that certain important rules of the Convention procedure have been affected by Roman-law principles. Then analysis is made with regard to the substance of human rights standards under the Convention. In examining these issues, reference is made to the case-law of the European Court of Human Rights. It is in the practical application of the Convention that the real effect of the Roman-law concepts and doctrines becomes visible and can be appreciated.