EIRP Proceedings, Vol 4 (2009)
The Right to Freedom from CEDO Point of View – Previous and Subsequent to the Judicial Practice –
Abstract
The main problems faced by the current criminal justice system are related to overloading of courts and
prosecutors, the excessive length of procedures, undue delays in cases and files not finalized due to procedural
reasons. Of these, the extent of preventive arrest, duration of procedures, skills and settlement evidence in criminal
matters were the subject of several cases to the European Court of Human Rights, to which Romania is party. The
current procedural system governed by the Code of Criminal Procedure, subject to frequent legislative interventions on the various institutions, led to the uneven application and interpretation of criminal procedural law. Therefore, the obvious need to create the appropriate legal framework for the High Court of Cassation and Justice in order to be able to act in the interpretation and uniform application of criminal procedural law. To achieve these goals has been rethought and reestablished the place and role of each judicial body, and new institutions have been introduced, on levels and with competencies meant to ensure separation of functions in the
judicial process and to ensure the conduct of operative procedures, the impartiality and credibility in power
exercising by each judicial body.
prosecutors, the excessive length of procedures, undue delays in cases and files not finalized due to procedural
reasons. Of these, the extent of preventive arrest, duration of procedures, skills and settlement evidence in criminal
matters were the subject of several cases to the European Court of Human Rights, to which Romania is party. The
current procedural system governed by the Code of Criminal Procedure, subject to frequent legislative interventions on the various institutions, led to the uneven application and interpretation of criminal procedural law. Therefore, the obvious need to create the appropriate legal framework for the High Court of Cassation and Justice in order to be able to act in the interpretation and uniform application of criminal procedural law. To achieve these goals has been rethought and reestablished the place and role of each judicial body, and new institutions have been introduced, on levels and with competencies meant to ensure separation of functions in the
judicial process and to ensure the conduct of operative procedures, the impartiality and credibility in power
exercising by each judicial body.
References
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