PȊRVU Daniela – Ph.D. candidate, European University of Moldova, Faculty of Law (Chisinau, Republic of Moldova). Expert, PRO REORGANIZARE SRL, Iasi, Romania.

Email: proreorganizare@yahoo.com

Keywords: human rights, judicial dialogue, human rights protection, fundamental human rights.

Despite the evolution, recognizing fundamental rights in each specific case, the CJEU has failed to develop a complete system for protecting fundamental rights, covering all areas of Community law and, consequently, EU actions. Moreover, due to the lack of specific references to fundamental rights in EU legislation, EU citizens continue to rely on the protection system provided by the ECtHR. On the other hand, the ECtHR has less frequently referred to the CJEU's case law, which was not a complete surprise. In fact, quoting CJEU decisions by the ECtHR was not prompted by the need to legitimize its own case law towards contracting states. In the case of the ECtHR, it rather demonstrated the existence of a consensus at the European level that could justify either a change in case law or an evolutionary interpretation of the rights guaranteed by the Convention.