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The Preliminary Chamber – Management Of Justice And Human Rights Perspective. Evolution

Author

Listed:
  • Elena-Mihaela Fodor
  • Gabriela-Aura Fodor

Abstract

The preliminary chamber procedure has been introduced by the new criminal procedure code (Law no. 135/2010). Without being entirely new in the Romanian Law, the institution of the preliminary chamber was seen both as an improvement of the administration of justice and the respect of human rights. The present study is aiming to establish to what degree the legal rules, as designed by the legislator, reach the purpose they were designed for. The research is based on the jurisprudence of the European Court of Human Rights in cases against Romania as well as against other contracting states. Also, recent national jurisprudence is being considered. Some issues, as influence of other procedure rules on the duration of the preliminary chamber procedure, the limits of the findings of the preliminary chamber judge and the compatibility of some of the procedure rules with the right to a fair trial are discussed.

Suggested Citation

  • Elena-Mihaela Fodor & Gabriela-Aura Fodor, 2015. "The Preliminary Chamber – Management Of Justice And Human Rights Perspective. Evolution," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 1(2), pages 60-69, October.
    • Handle: RePEc:dcu:journl:v:1:y:2015:i:2:p:60-69
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