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Contradictorialitatea și oralitatea în procedura de cameră preliminară
Contradictoriality and Orality in Preliminary Chamber Proceedings

Author(s): Daniela Maria Czika
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: the right to a fair trial; guarantees; the adversarial procedure; the oral procedure; preliminary chamber;

Summary/Abstract: The right to a fair trial is presented as a procedural right which allows different approaches to its application in national judicial proceedings. Moreover, it is one of the rights whose violation has often been invoked before the European Court of Human Rights, leading to numerous convictions of states, with the consequent payment of damages to the plaintiffs. Regulated by the provisions of Article 6 of the European Convention on Human Rights, this right includes a multitude of guarantees designed to ensure a fair, effective, equitable and rapid trial, to strengthen the confidence in the justice system. Within these guarantees, the adversarial and oral nature of the preliminary chamber procedure is of particular significance.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 37-46
  • Page Count: 10
  • Language: Romanian