Instituţia judecătorului de drepturi şi libertăţi
The institution of the judge of rights and freedoms

Summary/Abstract: Along with the entry into force, on February 1st 2014, of the Law 255/2013, for the implementation of Law 135/2010 regarding the Code of Criminal Procedure and for amending and supplementing of certain normative acts containing provisions of criminal procedure, in the structure of the Romanian judicial system arose a new institution, respectively that of the Judge of rights and freedoms. As the name suggests, this institution of criminal procedure is designed to guarantee the individuals that are subject to judicial acts, that their rights and freedoms shall not be limited except in accordance with the law and to a reasonable extent, determined by the particularities of the case under investigation by the judicial bodies. So, it is a public interest that requires, as an exception, the limitation of some rights and freedoms for the individuals on which judicial action is taken. The institution is of interest also from the perspective of the human rights, because the philosophy of this concept requires that the positive, national and international law has the power to discourage abuses which public authorities are tempted, for various reasons, to subject the individuals under investigation. The emotions caused by the acts committed by these individuals, the professional pride of the judicial bodies and the pressure of the public opinion sometimes incite to abuses, which are not only human rights violations, but can also create difficulties in the correct determination of the case. This is precisely why the investment of a different judge than the one dealing with the merits of the case, to order precautionary measures involving restrictions on rights and freedoms, is, we believe, the most effective guarantee against the abuse that the investigators could commit.

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