Dosar. Infirmarea ordonanței de clasare în cazul în care Curtea Europeană a Drepturilor Omului a constatat o încălcare a drepturilor sau libertăților fundamentale
Case file. Reversal of the closure order where the European Court of Human Rights has found a violation of fundamental rights

Summary/Abstract: The authors analyse from different perspectives, expressing diverging opinions on the question whether the review based on the provisions of Article 465 of the Criminal Procedure Code against the decision by which the preliminary chamber judge rejected the complaint against the prosecutor's decision not to prosecute or to reopen the criminal proceedings, provided for in Article 335(1) of the Criminal Procedure Code constitute effective procedural remedies for the enforcement of the judgments of the European Court of Human Rights, pursuant to Article 46 of the European Convention on Human Rights, which requires the defendant State to take such measures as are likely to put an end to the violation found by the European Court and to remove its consequences.

• Details
• Contents