Motivarea hotărârii judecătoreşti şi respectarea dreptului la un proces echitabil
Reasoning of the court decision and the respect for the right to a fair trial

Summary/Abstract: The paper analyzes the changes made to the Code of Criminal Procedure by Law no. 130 of May 12, 2021, as a result of the pronouncement of Decision no. 233 of April 7, 2021 of the Constitutional Court, to show that, even in the context of the amended regulation, which requires the drafting of the judgment prior to its pronouncement, the way in which the drafting of the judgment is regulated by the positive rules of procedure directly affects (even if more subtly) the very reasoning of the court decision and, implicitly, the substance of the right to a fair trial recognized by art. 21 para. (3) from the Romanian Constitution and art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.The deliberation and drafting of the decision, especially in the case of a court formed by several judges, are interdependent, and the decision is created (formed and finally formulated) progressively, through the discussions that the court members have during the deliberation and drafting, by integrating their points of view into a common point of view, or into a point of view that all judges can share. The code of procedure, which ensures the legality of a trial, cannot comply with the requirements of the right to a fair trial unless it contains legal rules that organize the deliberation in conjunction with the drafting of the judgment, meaning that the paper makes a proposal de lege ferenda of amendment of the criminal procedure code and shows that, for the same reasons, the amendment of the civil procedure code is also necessary.

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