THE LEGAL CONSEQUENCES OF THE CONSTITUTIONAL COURT’S DECISIONS IN THE CONTEXT OF THE LEGALITY PRINCIPLE OF THE CRIMINAL PROCEDURE
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The principle of legality of the criminal procedure is the established general rule according to which the criminal trial is carried out under the provisions stipulated by the law. In order to fully understand the application of the fundamental principle of legality of the criminal proceeding, it is necessary to clarify, on the one hand, the notion of “criminal procedural law” - a term that does not have a legal definition and, on the other hand, it is necessary to analyze the evolution of the concept referring to the source of criminal procedural law, in the current conventional context, as well as in the context of the Constitutional Court’s jurisprudence. Ensuring the application of the criminal process’ lawfulness is firstly achieved by the legislator’s fulfillment of the obligation to clearly regulate the rules of conducting the criminal proceedings and other judicial proceedings in connection with a criminal case. However, the actual reality proves the existence of numerous legal provisions declared unconstitutional, the Constitutional Court’s decisions being binding for both the legislator and the judicial bodies. Thus, the purpose of the research is to identify the consequence of the legislator’s lack of intervention so that the stipulations declared unconstitutional would agree with the Constitution’s provisions if it grants valences of some sources of law to the decisions of the Constitutional Court, if it transforms the Constitutional Court into a positive lawmaker or it just assigns the entire task of guaranteeing of the criminal process’ lawfulness to the judicial bodies. In fact, although the nullity is the main procedural guarantee of the legality of the criminal trial, the consequences of the Constitutional Court’s decisions raise many problems of unitary interpretation and application of the law even in this area, thus questioning the legality of the criminal process.
Authors and Affiliations
Liliana-Dorina RĂDUCU
Keywords
Related Articles
- EP ID EP583242
- DOI -
- Views 229
- Downloads 0
THE PROTECTION OF PERSONAL DATA - AN ESSENTIAL COMPONENT OF THE FUNDAMENTAL HUMAN RIGHTS
In terms of human rights in general, and their promotion and protection, especially, developments have been and will continue to remain diverse and complex. This aspect addresses equally the concerns about the identifica...
EMPLOYEE PARTICIPATION RIGHTS NEGOTIATION IN COMPANIES RESULTING FROM A CROSS-BORDER MERGER
The cross-border merger may have major consequences on the employee rights of the companies undergoing this process. The employees find themselves before two great uncertainties. The first one regards the continuity of t...
OBSERVANCE OF THE FUNDAMENTAL RIGHTS OF CONVICTED INDIVIDUALS DURING THE RE-EDUCATION AND SOCIAL REINSERTION PROCESS
The recent criminal justice reform brought by the entry into force of the new Criminal Code and the new Criminal Procedure Code carries forward the changes in approach with regard to sentence execution, introduced follow...
TEN YEARS AFTER THE GLOBAL CRISES - EXPORTS RECOVERY AT REGIONAL LEVEL IN ROMANIA
After ten years of the global financial crises, which peak in Romania was 2009, the negative impact on exports and imports of Romania are still in place for some Romanian counties. The scale of the impact highlights the...
DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
The Lisbon Treaty has introduced a new generic title – “legal acts” referring to the secondary European Union Law acts (art. 288-289 TFEU), compulsory or not, but also to the new delegated acts and implementing acts. The...