Prescripția răspunderii penale: CCR, CEDO și CJUE
Statute of limitations on criminal liability: Romanian Constitutional Court, ECHR and ECJ

Summary/Abstract: By the recent decision no. 358/2022 of the Romanian Constitutional Court, it was established that since the date of publication in the Official Gazette of decision no. 297/2018, the Romanian legislation no longer provided for cases of interruption of the limitation period of criminal liability. This leads to the conclusion that only general limitation periods are applicable and that lex mitior principle applies also with respect to the statute of limitations. In this context, a number of arguments have been put forward which would have the effect of limiting the consequences of the decisions of the Constitutional Court. Some of these arguments refer to the case law of the European Court of Human Rights and of the European Court of Justice. Therefore, in this article we aim to analyse whether these arguments are well founded or, on the contrary, whether they should be rejected and given full effect to the decisions of the constitutional court.

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