Bianca SELEJAN-GUŢAN – European Court of Human Rights and the economic situation of the person

The article highlights the existence of a tendency to exceed the conventional boundaries imposed by the strict demarcation of different generations of rights. This paper attempts a renewal of the vision on the protection of fundamental rights by the theory according to which the need to protect fundamental rights prevail over the need of classification of rights in different categories. In this regard, the European Court of Human Rights on the European Convention on Human Rights has taken a creative role, “by ricochet” regarding the enforcement of economic rights, through the other rights protected by the Convention. Thus, the vision of the Strasbourg Court is consistent with the current trend of relinquishing to the conventional distinction between rights. Analyzing the Romanian situation on the protection of economic rights within the general context of economic crisis, the position of the Constitutional Court is considered inconsistent and at least questionable, the Court offering interpretations to the limit of constitutional provisions.