The Right to freedom from CEDO point of view – previous and subsequent to the judicial practice –

• Main Author: Gianina Anemona Radu
• Format: Article
• Language: English
• Published: Danubius University 2009-06-01
• Series: EIRP Proceedings
• Subjects: prosecutor; Criminal Code; justice system
• Online Access: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/442/412

The main problems faced by the current criminal justice system are related to overloading of courts andprosecutors, the excessive length of procedures, undue delays in cases and files not finalized due to proceduralreasons. Of these, the extent of preventive arrest, duration of procedures, skills and settlement evidence in criminalmatters were the subject of several cases to the European Court of Human Rights, to which Romania is party. Thecurrent procedural system governed by the Code of Criminal Procedure, subject to frequent legislativeinterventions on the various institutions, led to the uneven application and interpretation of criminal procedurallaw. Therefore, the obvious need to create the appropriate legal framework for the High Court of Cassation andJustice in order to be able to act in the interpretation and uniform application of criminal procedural law. Toachieve these goals has been rethought and reestablished the place and role of each judicial body, and newinstitutions have been introduced, on levels and with competencies meant to ensure separation of functions in thejudicial process and to ensure the conduct of operative procedures, the impartiality and credibility in powerexercising by each judicial body.