Facultatea de Drept / Faculty of Law
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Item THE ACCES AND PARTICIPATION OF INDIVIDUALS IN MECHANISMS OF INTERNATIONAL JUSTICE(CEP USM, 2024) Bejan, Lavinia-AndreeaTogether with states and other entities, individuals are currently part of a system of institutions and norms operating at a global level, which, ultimately, must target and ensure their protection. In order to respect democratic principles, including at the supranational, international, global level, the supranational legal order must allow individuals to participate in the mechanisms by which their rights, freedoms, and fundamental interests may be affected, including in the mechanisms of accomplishing international justice. Currently, individuals are widely recognized as subjects of international law, and there are a variety of forms through which they have access to, or participate in, or intervene before international courts, but in manners that are insufficient in order to adequately manage their participation needs. Ensuring a wider access of individuals to international courts, on the one hand, guarantees and strengthens their rights, and, on the other hand, legitimizes the exercise of authority by these courts. In this context, the paper aims to look at the main forms in which the access and participation of individuals in the mechanisms of justice at the international level are allowed, as well as to discuss manners of expanding such access and ensuring the solid observance of the principle of procedural fairness and the procedural rights of individuals when involved in international legal proceedings.