DIVERGENŢE JURISPRUDENȚIALE ALE ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE ŞI ALE CURŢII CONSTITUŢIONALE ÎN MATERIA MĂSURILOR PREVENTIVE
Jurisprudential Divergences of The High Court of Cassation and Justice and of The Constitutional Court in The Matter of Preventive Measures

Author(s): Mihai Mareş
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: jurisprudence; Constitutional Court; preventive measures; term;
Summary/Abstract: Jurisprudence has played an important role in the evolution of the rule of law, especially in the field of criminal law and criminal procedural law. Although the judge is not obliged when solving a case by anything other than the law. However, there are some rulings by some courts that are mandatory. Case law is not a source of law, but the decisions of the Constitutional Court or the High Court of Cassation and Justice in resolving appeals in the interest of law or loosening of legal issues have a special effect, being considered as genuine sources of law. Due to the effects of these judgments, we consider it necessary to analyze the jursiprudeness, especially the one having an impact on fundamental rights, ie the case-law on deadlines in the matter of preventive measures

• Details
• Contents