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Author(s): Diana IONAŞ

Journal: Bulletin of the Transilvania University of Braşov. Series VII : Social Sciences and Law
ISSN 2066-7701

Volume: 5;
Issue: 1;
Start page: 109;
Date: 2012;
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Keywords: principles | inviolability | search | rule of law

The domicile or residence of a person is inviolable, as guaranteed in the Constitution and by the European Convention on Human Rights. However, inviolability of the home is not absolute and unconditional, the domestic law and European Human Rights Convention establish exceptions from this principle. Besides the fact that the search is an exception from the principle of inviolability as its effect is the restriction on the exertion of certain rights or freedoms recognized and guaranteed, its disposition or accomplishment under the rule of law must be completed under the circumstances stipulated by the law.

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