Sancțiunile contravenționale [Articol]

Abstract

Conceptually, the negative obligation is the duty of the state, the state officials to refrain from actions that prevent the exploitation of a right guaranteed by the Convention and its protocols. The existence of negative obligations is not very controversial, and these obligations are conceptually relatively easy to define, because the relation between the right and the corresponding debt is undoubtedly quite easy to establish. If we look at the concept of negative obligations, we will conclude, with regret, that there are very few doctrinal opinions on the subject in question, most often these referring to some abstention from the state to infringe on a protected right.