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Bibliografie 35
2
Capitolul I
1. Caracteristici generale
Toate verbele modale au formă unică la toate persoanele (sing. şi plural):
e.g. I can / you can / … / they can – eu pot / tu poţi / … / ei pot
I may / you may / … / they may – eu am voie / tu ai voie / … / ei au voie
I must / you must / … / they must – eu trebuie / tu trebuie / … / ei trebuie
I should / … / they should – eu ar trebui / tu ar trebui / … / ei ar trebui
I will / … / they will – eu vreau / tu vrei / … / ei vor
I need / … / they need – eu am nevoie / tu ai nevoie / … / ei au nevoie
I used to … / they used to – eu obişnuiam să / … / ei obişnuiau să
I dare / … / they dare – eu îndrăznesc / … / ei îndrăznesc
Verbele modale sunt urmate de un verb principal la forma de infinitiv scurt (fără prepoziţia to):
e.g. I can type. (Pot dactilografia.) You may go now. (Poţi să pleci acum.)
Construiesc interogativul prin inversarea poziţiei cu cea a subiectului:
e.g. Can you lend me your pen? (Poţi să-mi împrumuţi stiloul?)
Construiesc negativul prin adăugarea negaţiei not:
F. lungă F. scurtă
e.g. I can + not → I cannot = I can’t
I may + not → I may not = I mayn’t
I must + not → I must not = I mustn’t
I will + not → I will not = I won’t
I should + not → I should not = I shouldn’t
I need + not → I need not = I needn’t
I dare + not → I dare not = I daren’t
Unele verbe modale au înlocuitori (verbe sau construcţii verbale):
Can = to be able to (a fi capabil să)
Must = have to ( a trebui să)
May = be allowed to (a i se permite să)
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1.1. Cazuri de folosire
Verbele modale pot exprima diverse aspecte ce întregesc sensul verbului principal, cum ar fi:
A. Rugăminte (Request)
1. Pentru a adresa o rugăminte se folosesc can sau could, la persoana a doua singular
(can/could you). Can este varianta informală, could este varianta formală / mai politicoasă.
e.g. Can you type this letter for me, please? (Poţi să dactilografiezi scrisoarea asta pentru mine,
te rog?)
Could you help me with my homework? (Ai/Aţi putea să mă ajuţi/ajutaţi la temă?)
3. Will you (vrei să) se poate folosi pentru adresa o rugăminte atunci cand nu este necesar
să fim deosebit de politicoşi:
e.g. Will you let the cat out, please? (Vrei să dai drumul pisicii, te rog?)
4. Would you sau would you mind se folosesc în exprimarea unei rugăminţi atunci cand
vrem să fim mai politicoşi / formali:
e.g. Would you start without me, please? (Aţi vrea să începeţi fără mine?)
Would you mind telling John the bad news? (V-ar / Te-ar deranja să-I spui lui John veştile
rele?)
Notă!
Ought to este adesea folosit pentru a spune că, deşi ceva este corect să fie făcut, totuşi
oamenii nu fac acel lucru.
e.g. We ought to drive cars that use less fuel. - But we don‟t.
(Trebuie să folosim maşini care consumă mai puţin carburant.) - Dar nu facem aceasta.
C. Sfat (Advice)
1. În engleză, se poate da un sfat cu ajutorul modalului should (ar trebui să).
e.g. It‟s a good book. You should read it. (E o carte bună. Ar trebui să o
citeşti.)
2. De asemenea, atunci cand cerem sfatul cuiva, folosim tot modalul should.
e.g. Should we tell her? (Ar trebui să-i spunem?)
E. Obişnuinţă (Habit)
1. Pentru exprimarea unei acţiuni obişnuite, repetată în mod constant în trecut, se
foloseşte modalul used to (obişnuiam să) ca unică formă de trecut.
F. Afirmativă
He used to call me up daily. (El obişnuia să mă sune zilnic.)
F. Interogativă
Did you use to …. ? (Obişnuiai să … ?)
F. Negativă
I did not use to … / I never used to …. (Nu obişnuiam să … )
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2. Pentru exprimarea unei acţiuni obişnuite, repetată în mod constant în trecut, se
foloseşte, de asemenea, modalul would + infinitivul fără to (= a obişnui să)
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Capitolul II
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După cum se poate vedea din tabel, transformarea la vorbirea indirectă presupune o serie de
modificări , cum ar fi:
a. Dispariţia ghilimelelor şi schimbarea timpului (e.g. prezent →trecut) în care
se exprimă subiectul (vorbitorul) în vorbirea directă.
e.g. s/he says → s/he said
b. Modificarea timpului verbului în propoziţia din vorbirea directă:
- T. prezent simplu → T. trecut simplu
(like) (liked)
- T. prezent continuu → T. trecut continuu
(am writing) (was writing)
- T. trecut s. → T. mai mult ca perfect s.
(saw) (had seen)
- T. trecut c. →T. mai mult ca perfect c.
(was doing) (had been doing)
- T. prezent perfect → T. mai mult ca perfect
(have finished) (had finished)
- T. viitor → T. viitor în trecut
(shall/will) (should/would)
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Capitolul III
A. Subjonctivul sintetic
1. Subjonctivul prezent
Forme:
I be = eu să fiu, You be = tu să fii, s/he be = ea/el să fie, etc.
Ca formă, subjonctivul prezent este echivalent cu infinitivul
scurt al verbului.
Subjonctivul prezent exprimă:
a. o dorinţă sau o rugăminte:
e.g. God bless you! (Să fii binecuvantat!)
Long live the Queen! (Trăiască regina!)
b. se foloseşte după verbe ca: to propose, to suggest, to order.
e.g. He proposed that I take the job. (El a propus ca eu să accept
postul.)
2. Subjonctivul trecut
Forme:
I were = aş fi, you were = ai fi, … , they were = ei ar fi, etc.
Ca formă, subjonctivul trecut este echivalent cu trecutul simplu (forma were,
unică la toate persoanele, în cazul vb.-lui to be).
Atenţie!
Subjonctivul prezent se referă la o acţiune ce are loc în prezent.
Se traduce în romană prin condiţional (= aş merge) sau subjonctiv (să merg).
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d. În propoziţii ce conţin verbe ca: to suggest, advise (a sfătui), decide
(a hotărî), order, insist, request (a cere/solicita), demand (a cere), propose (a
propune), etc.
e.g. I suggest (that) they should take our advice. (Sugerez ca ei să ne urmeze
sfaturile.)
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Capitolul IV
Construcţii verbale
e) după adjective:
e.g. He is proud of being her student. (El e mandru să fie studentul ei.)
She was afraid of crossing the river. (Ei îi era teamă să traverseze raul.)
Tim was surprised at seeing us again. (Tim era surprins să ne vadă din nou.)
I am tired of hearing that nonsense. (M-am săturat să aud prostia aceea.)
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Capitolul V
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5. Folosiţi should / shouldn’t în propoziţiile de mai jos.
1. You … have a holiday. You …. work so hard. 2. A: I‟ve got a terrible
headache. B: You … take a pill. 3. A: Bill wants to borrow my car this weekend. But
he‟s a terrible driver. B: You … tell him that you need it. You … it to him. 4. A:
Simon‟s late again, and the train leaves in five minutes. … I stay a bit longer?
B: You … wait for him. 5. A: John is very intelligent but he wants to leave school
and get a job. B: He … abandon his studies.
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The Legal Profession
(Exercises)
A.3 Fill in with the given words and phrases (completaţi cu expresiile şi cuvintele de mai jos):
county magistrates’ Crown court trial rights of audience
evidence presents barrister x 2 client behalf Inns of Court
learning two-year training legal education breaches
“struck off” barristers x 2 solicitors two breach Bar Council
Law Society
The legal profession is divided into (1) ______ branches: (2) ________ and (3) ______ . their
controlling bodies are (4) _____ and (5) _____ . both bodies act as disciplinary agencies to deal
with any (6) of their codes. For serious (7) _____ a member of either branch of the (8) ______
profession maybe “(9) _____ .
All lawyers undergo extensive periods of (10) _____ , both through academic (11) _____ and
practical (12) ____ in legal work. In the case of solicitors this practical training takes the form of a
(13) ______ training contract with a firm of practitioners. For (14) _____ the period of training is
more complicated. The prospective barrister must also join one of the four (15) _____ , where the
life of the barrister is learned. Traditionally the (16) _____ , in wig and gown, (17) _____ the case
and expresses the arguments on the client‟s (18) ______ . The solicitor deals with the (19) _____ ,
chooses a properly and fully instructed (20) _____ , collects relevant (21) _____ and ensures that all
relevant persons are present in (22) on the day of the (23) _____ . Although only barristers have full
(24) _____ in all courts, solicitors have rights of audience in (25) _____ courts, (26) _____ courts
and some (27) ____ courts.
B.2 Find synonyms in the text for the following words or expressions:
1. authority having the power to control something controlling body
2. breaking or neglecting a law / contract violation
3. unwritten laws of conduct observed by members of the legal
profession etiquette
4. hall in which a trial is held courtroom
5. inexperienced lawyer novice
6. information proving something evidence
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7. person summoned to testify in court witness
8. removed from membership of a professional body struck off
9. rules of conduct observed by professional groups code of professional
ethics
10. stated without being proved alleged
11. to work as a lawyer / doctor to practise
B.3.2. Match the beginnings of the sentences in column I with their endings in column II.
1. The judge addressed the jury members … A. …to remain silent.
2. It was her idea … B. … which include giving advice to clients, and
preparing legal documentation.
3. The solicitor owes a contractual duty of C. … to go to court.
care to his client …
4. You have the right … D. … whose task is to present his client‟s case
effectively in court.
5. Judges have a discretionary power … E. …whose attention had been captured by the
defending lawyer.
6. A barrister is an advocate … F. … who is guilty of professional misconduct…
7. Solicitors have functions … G. … to create new rules of law when none exists
to solve the case.
8. A barrister … may be disbarred. H. … for breach of which he is liable for
damages.
1 – E, 2 – C, 3 – H, 4 – A, 5 – G, 6 – D, 7 – B, 8 – F.
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The Legal Profession
D.1 In the definitions of the documents below, the headwords are missing. Supply them by choosing from
among the ones in the box. (Introduceţi denumirile actelor notariale de mai jos în tabel.)
1. _______________ = official power which gives someone the right to act on someone‟s
behalf in legal matters
2. _______________ = written statement which is signed and sworn before a solicitor and
which can then be used as evidence in court hearings
3. _______________ = a general term for a legal document
4. _______________ = declaration of fact; an allegation by a witness
5. _______________ = legal document by which a person gives instructions to his executors
as how to his property should be disposed of after his death
6. _______________ = document executed in the same way as a will making additions or
changes to an existing will
7. _______________ = legal document which has been signed, sealed and delivered by the
person making it
8. _______________ = document which legally transfers a property from a seller to a buyer
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The Duties of a Notary Public
The role and competence of the notaries public are very different in civil law countries from those
with a common law system. In England, most notaries public are also practicing solicitors. The few
specialist notaries practice in London, and deal mainly with the preparation of documents for use in
foreign countries.
In most civil law countries, being a notary public is a distinct legal profession. There is a limited
number of notarial offices established by law. A law graduate who wishes to become a notary must
apply for a vacancy, pass a special examination and enter the association of notaries public.
A notary‟s major functions are: drafting documents, such as marriage contracts, wills, mortgages,
and conveyances; certifying documents, which confers them a special status in court proceedings;
and serving as a depository for the original copies of wills and the like.
Due to the nature of his job, the notary often becomes a trusted family legal advisor, whose
assistance is needed in connection with the property aspects generated by such major events as
marriage, divorce and death of a family member.
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The Legal Profession in the UK
The legal profession in the United Kingdom is divided into two branches, barristers and solicitors.
The former are legal practitioners, who have been admitted to plead at the bar and who are engaged
in conducting the trial or argument of causes; they have exclusive right of audience in the Supreme
Court. The latter assemble the materials necessary for presentation in court and settle cases out of
court. They may also practice in most inferior courts, such as county courts and certain proceedings
of the Crown Court.
Each have their own controlling bodies – the bar Council and the Law Society respectively – and an
intending lawyer must decide, at a relatively early stage in legal training, whether to practice as a
solicitor or a barrister, because apart from the initial period of legal education the two branches are
mutually exclusive in terms of personnel and training, although rather less so in terms of their work.
The controlling bodies exercise strict codes of professional ethics and standards of practice: this is
one of the ways in which the exclusivity of the profession, and its claim to produce high standards f
work, are maintained. Both bodies act as disciplinary agencies to deal with any alleged breach of
these codes, and for serious breaches a member of either branch of the legal profession may be
“struck off”.
All lawyers undergo extensive periods of education, both through formal academic learning and
through practical training in legal work. In the case of solicitors, this practical training takes the
form of a two-year period, after obtaining a law degree and completing the one-year Legal Practice
Course, in a training contract with a firm of practitioners. For intending barristers, the period of
training is rather more complicated and less financially secure, but possibly more intensive because
of the immersion of the novice in the traditions and practices of the Bar. Apart from undertaking
various examinations in the law, the prospective barrister must also join one of the four Inns of
Court, where the life of the barrister is learned. The various rules and institutions of the Bar serve to
socialize the novice into the established ways of that branch of the profession, where customs,
traditions and etiquette play so great a part.
For many people, the image of the typical lawyer ad his work is that presented in the formal setting
of the courtroom. Here, it is traditionally the barrister, in wig and gown, who presents the case and
expresses the arguments on the client‟s behalf; the solicitor‟s task is to deal directly with client, to
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ensure that the barrister chosen is properly and fully instructed, to collect and collate relevant
evidence (such as witnesses, statements, letters, photographs and so on) and to ensure that all
relevant persons are present in court on the day of the trial.
This image of lawyers and their work is, however, somewhat misleading: the traditional division of
functions in the courtroom has gradually been broken down. Although only barristers have full
„rights of audience‟ (that is, the right to address the judges‟ bench directly on the client‟s behalf) in
all courts, solicitors have full rights of audience, too, in magistrates‟ and county courts, and in some
Crown courts.
Source: Harris, P. An Introduction to Law, Butterworths (1997)
Vocabulary:
branch = branşă barrister = avocat (pledant)
solicitor = jurist bar = barou
the former = primii to plead = a pleda
to be engaged = a se implica trial = process
to assemble = a aduna proceedings = proceduri
right of audience = drept de audienţă the latter = cei din a doua categ.
to settle cases = a pregăti cazuri county court = instanţă locală
controlling bodies = organe de control Bar Council = Consiliul Avocaturii
Law Society = Societate Juridică intending lawyer = viitor avocat
legal training = pregătire juridică are mutually exclusive = se exclud reciproc
in terms of = în ceea ce priveşte claim = pretenţie
high standards of work = muncă de înaltă calitate to deal with = a rezolva
alleged breach = pretinsă încălcare serious breach = încălcare gravă
be struck off = a fi dat afară undergo = a urma
academic learning = pregătire profesională law degree = diplomă în drept
undertaking = suţinerea join = a se înscrie
Inns of Court = Cluburi ale juriştilor established ways = modalităţi prestabilite
play so great a part = a juca un rol important courtroom = sală de tribunal
on the client‟s behalf= în numele clientului the solicitor‟s task = obligaţia juristului
to ensure = a se asigura to collect = a aduna
properly and fully = corespunzător şi riguros collate = a asocial
relevant evidence = probe relevante is misleading = este înşelătoare
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division of functions = separarea sarcinilor has been broken down = a fost desfiinţată
judges‟ bench = complet de judecată full rights of audience = drepturi depline de
audienţă
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COURT STRUCTURE IN THE US
Issues of crime and justice have always held the Americans attention. Americans are accustomed to
bringing their claims for justice to the courts. There are few countries where so many people treat
the law as part of their everyday lives. Local, state and federal courts handle approximately 12
million cases a year. The sheer number of Americans employed in the legal profession is
overwhelming; there is one lawyer for every 4440 Americans, whereas in Japan there is one lawyer
for every 10,000 people.
Americans‟ claims for justice rest on the provisions of the US Constitution. Most of rights and
freedoms that the Americans enjoy are guaranteed in the first ten amendments or “Bill of Rights” of
the constitution.
The Constitution, written in 1987, established a separate judicial branch of government which
operates independently alongside the executive and legislative branches. Within the judicial branch,
authority is divided between state and federal (national) courts. At the head of the judicial branch is
the Supreme Court, the final interpreter of the Constitution, which consists of nine justices and has
jurisdiction over all other courts in the nation.
The Constitution recognizes that the states have certain rights and authorities beyond the power of
the federal government. States have power to establish their own systems of criminal and civil laws,
with the result that each state has its own laws, prisons, police forces and state courts.
The separate system of federal courts, which operate alongside the state courts, handles cases which
arise under the US Constitution or under any law or treaty, as well as any controversy to which the
federal government is itself a party. Federal courts also hear disputes involving governments or
citizens of different states.
All federal judges are appointed for life. A case which falls within the federal jurisdiction is heard
before a federal district judge. An appeal may be made to the circuit Court of Appeals and, possibly,
in the last resort, to the highest court in the land; the US Supreme Court.
The Supreme Court hears cases in which someone claims that a lower court ruling is unjust or in
which someone claims that Constitutional law has been violated. Its decisions are final and become
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legally binding. Not all Americans are satisfied with all Supreme Court decisions. Many Americans
believe that the court too often “takes the side of the criminals” in declaring the proceedings invalid
because an accused person‟s rights have been violated. Others argue, however, that protecting the
innocent is the real intent of these rulings, and that it is better to have a few criminals go free than to
have one innocent person be jailed. Although the Supreme Court does not have the power to make
laws, it does have the power to examine actions of the legislative, executive and administrative
institutions of the government and decide whether they are constitutional. It is in this function that
the Supreme Court has the potential to influence decisively the political, social and economic life of
the country by giving new protection and freedom to minorities or by nullifying certain laws of the
Congress, or even declaring actions of American presidents unconstitutional.
Presidents have often criticized the Supreme Court, although the criticism comes more frequently
today from the bar associations, law schools and court observers in the press. The two judicial
systems, federal and state, form layers of courts that check each other and are checked in turn by the
law profession and law schools, which study the decisions and create an informed opinion.
Congress also reviews the laws to be enforced and can change the laws and the number of Supreme
Court judges. The president nominates the Supreme Court appointee, while the Senate examines to
determine whether he or she is qualified. Similarly, the governors, the state legislatures, and the
people select the state judges.
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Qualifications of Jurymen
The basic qualification of jurymen is that of citizenship as evidenced by inclusion in the Electoral
Register. Anyone between the ages of 18 and 65 registered as an elector who has lived in England
or Wales for five years or more since the age of 13 becomes liable for jury service.
Payments in respect of jury service for travelling, subsistence and financial loss are made to jurors.
Anyone who has been imprisoned in the past ten years is disqualified from serving on a jury as is
anyone who has been on probation during the previous five years.
Judges, M.P.s, clergymen, barristers, solicitors, medical practitioners, members of H.M. Forces and
police officers are among the persons exempt from jury service. Mentally ill persons are illegible.
Vocabulary:
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An Interview on Human Rights
I.: Now, at the turn of the millennium it is perhaps important to look back over the centuries in
order to see how human rights and liberties have been protected and guaranteed in legal and
political documents. That‟s why I invited Prof. Douglas Holmes, a well-known specialist in the
area, here today. Hello, Prof. Holmes.
I.: Perhaps you could start by defining the concept of human rights.
Prof. H.: Well, this term refers to the rights and freedoms to which all human beings are entitled.
In fact, it is sometimes suggested that human rights are so fundamental, that they form part of the
natural law.
I.: Human rights and freedoms are now guaranteed by various documents at national and
international level. Has it always been the same? I mean … have always human rights been spelled
out in documents?
Prof. H.: Well, Bills of rights have long been familiar to English people and Americans. The New
World settlers surely knew the history of Magna Carta, of the Petition of Rights and of the Bill of
Rights in their mother country. But American Bills of rights were the first, historically speaking, to
become part of the Constitution.
Prof. H.: Yes, certainly. The first and most famous of these bills was the one drawn up by John
Mason and adopted by the Virginia Assembly on June 12, 1776. This eloquent document, known as
the Virginia Bill of Rights, starts with the famous statement:”… all men are by nature equally free
and independent and have certain inherent rights …”
I.: Did the Virginia Bill of rights have any impact at that time?
Prof. H.: A great impact, we could say. This statement of fundamental rights was widely copied
not only in America, but also abroad: it was especially popular in France and contributed to the later
French Declaration of the Rights of Man.
I.: I must confess my ignorance. I didn‟t know a thing about the Virginia Bill of Rights.
Prof. H.: Well, I‟m pretty sure you have heard, though, about other famous American documents.
I.: As you were quoting that article from the Virginia Bill of Rights, I couldn‟t help remembering
quite a similar passage from the Declaration of Independence. I quote: “We hold these truths to be
self-evident, that all men are created equal, …”
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Prof. H.: “ … that they are endowed by their Creator with certain unalienable Rights, that among
these are Life, liberty and the pursuit of Happiness.” The similarity comes from the fact that the
underlying principles of the Declaration of Independence are based on the idea of natural, God-
given rights, just like those of the Virginia Bill of Rights.
Prof. H.: The Declaration, drafted by Thomas Jefferson, was adopted on July 4, 1776. And since
1783, July 4 has become the most important holiday in the USA – Independence Day.
I.: And what can you say about the US Constitution? What rights does it include, for example?
Prof. H.: The Constitution of the US, established, in Lincoln‟s words, a system of government, “of
the people, by the people, for the people.” Hence its well-known preamble “WE THE PEOPLE of
the United States, in order to form a more perfect Union …” When the Constitution became the
fundamental law of the USA, on March 4, 1789, it didn‟t include a series of individual liberties.
During the ratification debates, however, it became evident that such a bill of rights was necessary.
In 1791, the first ten amendments, known as the Bill of Rights, were added, to be followed by many
others.
I.: Yes, of course, to these we should add the rights protected by the Bill of Civil Rights in the
60‟s.
Prof. H.: Yes, that Bill was signed by President Lyndon Johnson on July 4, 1964 and it helped
eradicate any racial or religious discrimination or segregation.
I.: So far we‟ve been talking about the US. How are human rights promoted and protected in other
countries of the world?
Prof. H.: Well, it would take hours or even days just to give a brief mention of the specific steps
made by each and every state to ensure and protect rights and freedoms for its citizens. So, as not to
bore you, I shall refer only to the common efforts made by the states of the world to guarantee
human rights.
Prof. H.: First of all, the fact that in 1948, the United Nations General Assembly adopted the
Universal Declaration of human Rights, which spells out most of the main rights that must be
protected throughout the world.
I.: It seems to me that, if such a declaration exists, then why are there so many infringements of
human rights worldwide?
Prof. H.: The UN Declaration is not, unfortunately, a legally binding document. That‟s why, in
1966, the General Assembly adopted two international covenants placing legal obligations on the
states ratifying them: firstly, the International Covenant on Civil and Political Rights and the other,
the International Covenant on Economic, Social and Cultural Rights.
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I.: All‟s well in theory, but how is the implementation of these rights practically monitored?
Prof. H.: Good question. The United Nations has set up a Commission on Human Rights, which
has the power to discuss gross violations of human rights and liberties.
I.: Yes, aha, I see. Are there any regional Conventions on human rights?
Prof. H. : Yes, there‟re several, but the best known are the European Convention for the Protection
of Human Rights and Fundamental Freedoms, and the Inter-American Convention of Human
Rights.
I.: Aha … can we stick to Europe this time? Let‟s stick to Europe this time. Could you give more
details about the European Convention on Human Rights?
Prof. H.: Certainly. It was originally formulated in 1950, and came into force on September 3,
1953. And it aims at protecting the human rights of all people in the member states of the Council
of Europe.
I.: And are there any institutions that protect these rights and freedoms of all people?
Prof. H.: The Commission on Human Rights and the Court of Human Rights in Strasbourg.
Prof. H.: Well, if a complaint is judged to fulfill certain conditions that make it admissible, the
commission places itself at the disposal of the parties in an effort to achieve a friendly settlement.
Prof. H.: Well, in that case, the Commission sends a report to the Committee of Ministers of the
Council of Europe. The case may then be brought before the Court of human Rights, provided the
state against which the complaint is made has accepted the Court‟s jurisdiction. The Court has
power to make a final ruling, which is binding on the parties.
I.: Thank you very much, Prof. Holmes. What you‟ve said has been most interesting.
Vocabulary:
to make a final ruling = a pronunţa o hotărare definitivă is binding on = este obligatorie pentru
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Bibliografie
Text Book
Grammar Books
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