Relația dintre Curtea Europeană a Drepturilor Omului și Curtea de Justiție a Uniunii Europene în contextul cooperării judiciare internaționale în materie penală
Relationship between the European Court of Human Rights and the Court of Justice of the European Union in the context of international judicial cooperation in criminal matters

Summary/Abstract: The article addresses the issue related to the manner to reach an effective cooperation between two judicial institutions which play a very important role in the context of ensuring respect for the rights and freedoms of the citizen, respectively between the European Court of Human Rights and the Court of Justice of the European Union. The study starts from the premise according to which the creation of the Single European Area of Freedom, Security and Justice, through the conclusion of international treaties, and subsequently the accession thereto by the states on the European continent and the third countries was not only of a nature to bring benefits to the citizens, by exercising the right to free movement and its derivatives at socio-economic level, but also to generate shortcomings, determined by the cross-border nature of the criminality, acquired in the light of free movement precisely. The relationship between the two jurisdictional institutions is viewed in the context of international cooperation in criminal matters, with broad references to the principles enshrined in the European Union law and which have the role of simplifying and intensifying this cooperation. Among the principles analyzed we indicate: the Principle of pre-eminence of international treaties and conventions over the national law, the Principle of mutual recognition of criminal judicial decisions and of mutual trust between states, the Principle ne bis in idem. The article also contains references to another important aspect resulting from the realities of international judicial cooperation in criminal matters, namely to the fact that, although each Member State of the European Union is a party to the European Convention, the Union, as an international organization, is not a party to the Convention, which means that European citizens cannot file a complaint to the European Court of Human Rights against an institution of the Union, when they consider that any of their rights enshrined in the Convention has been violated. The author expresses her opinion on this issue in the sense that the accession of the Union to the European Convention is a desideratum difficult to achieve, for several arguments which she analyzes as well. These arguments also include that referring to the fact that at the same time with the accession of the Union to the European Convention, the latter would become an integral part of the legal order of the Union, which could generate the risk of overlapping the two international legal instruments which guarantee the human rights, namely the European Convention and the Charter of Fundamental Rights.

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