EFECTELE JURISPRUDENȚEI CURȚII DE LA STRASBOURG ASUPRA PROCESULUI PENAL ROMÂN
The Effects of The Strasbourg Court Jurisprudence on The Romanian Criminal Trial

Author(s): Beatrice-Florina Draghiciu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: European Court of Human Rights; case law; effects; Criminal Procedure Code; legal system;
Summary/Abstract: The case law of the European Court of Human Rights offers a wide range of applicability of the rights guaranteed by the European Convention on Human Rights and an analysis of a large number of cases provides the possibility of identifying "rules" for the calculation of permitted limits, without prejudice to the existence of the right or freedom. At the same time, the Strasbourg Court is a true factor in regulating and creating principles and concepts designed to ensure the protection of fundamental rights and freedoms.Since the beginning of Romania's accession to the Convention, the jurisprudence of the Court of Strasbourg influenced and led to the materialization of numerous legislative changes that took place in the legal system, but also in the direct application of the Court's judgments by the organs of state, to the courts. Furthermore, even the Criminal Procedure Code expressly refers to the case-law of the Court, stating that, in the context of an appeal procedure in the interest of the law, in order to ensure the uniform interpretation and application of a law by all courts, the application must also include jurisprudence the European Court of Justice.

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