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Master Thesis

Les incidences de la jurisprudence de la Cour européenne des droits de l'homme sur le droit pénal français : enjeux et perspectives

Abstract : The problem of treaty law in general and the justiciability of the ECHR in particular is simple to understand. We currently have a large demand for security in France but also in other countries that are parties of the Council of Europe, in addition, countries facing problems of crime organized with real porosity with terrorism. Against this background, in terms of France-which is not the case in other countries, we have a judicial nature inquisitorial tradition / adversarial rather contradictory -model kind proposed by the CESDLHLF- this our faces procedural operation that proceeds from the state, not private through case law. Also beyond this specifically French problem in terms of both legal systems do not evolve in the same direction , we see that criminals use the legal resources of the Convention a dilatory manner in order to avoid criminal responsibility incurred. Several position in response to this situation are adopted by countries making up the Council of Europe that joined such a tool does not take into account convictions (as in Russia), to change its legislation to align with there the requirements of the ECHR (the case of France until now by performing opportunities legislative reform without a major reform), temporarily or permanently out of the Convention (multiple reflections occur in this direction in various countries including France primarily concerned by the threat of Islamic terrorism).
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Master Thesis
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https://dumas.ccsd.cnrs.fr/dumas-01487956
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Laurent Drouvot. Les incidences de la jurisprudence de la Cour européenne des droits de l'homme sur le droit pénal français : enjeux et perspectives. Droit. 2016. ⟨dumas-01487956⟩

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