ARGUMENTAREA SOLUȚIILOR JURIDICE CA PARTE A RĂSPUNSULUI STATULUI LA INFRACȚIUNILE MOTIVATE DE PREJUDECATĂ

Abstract

The objective of this work, was the need to understand if the judicial reason giving, is an effective remedy for the creation of a state response mechanism to violent phenomenon motivated by prejudice. For this, we resorted to: the positioning of the phenomenon of the Prejudice Motivated Offenses (CMP) on the Allport scale, the analysis of international documents establishing fundamental rights, the analysis and synthesis of the techniques used by the ECtHR in the matter of art. 2,3,8 with 14 ECHR, comparing the mechanism to combat the CMP phenomenon established by law 111 of 21.04.2023, with the mechanism established by ECtHR jurisprudence. In conclusion, we established two aspects. In common law systems, the judicial reason giving has amply demonstrated that it is an effective mechanism in combating the CMP phenomenon. In continental law systems, the tool of the judicial reason giving, is used with reserve. The legislator gets involved slowly in the regulation of the phenomenon of CMP. The judges, determined by the fear of exceeding the “will of the legislator”, risk forming a narrow way of thinking, losing sight of the need to restore the imbalance caused by the CMP.