Internal condition or internal confirmation of the direct effect of human rights treaties? (A discussion on the application of Articles 4 and 5 of the Civil Code)

Abstract

The texts of art. 4 and art. 5 of the Civil Code can be understood in the sense that they provide the Romanian judges with express legal norms that eliminate the possible doubts that they might have in connection with the direct effect of international norms. In other words, the authors of the Civil Code intended to offer the Romanian judges an unequivocal internal confirmation, a firm legal basis for the horizontal invocability of fundamental rights.