Interference; Quality of Law; Triple Test; Proportionality. Theoretical and Practical Aspects and Applicability

Abstract

This article aims to bring clarity, based on the case law of the European Court of Human Rights, concerning the applicability of the triple test in cases of interferences admitted by national authorities in the human rights and fundamental freedoms of the citizens in their jurisdiction. In essence, the institution of the triple test, as mentioned in the judgments of the Strasbourg Court, is nothing more than a proportionality test that explains the admissible elements of such interferences and that must prove that a restriction of the exercise of a right has to be provided in the domestic law, to pursue one or more legitimate aims, as well as to be proportionate to the aims pursued and, therefore, necessary in a democratic society.