Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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SHORT CONSIDERATIONS ON THE SCOPE OF THE RIGHT TO A FAIR TRIAL PROVIDED BY ART. 6 OF THE ECHR – THE CONCEPT OF ”CRIMINAL CHARGE”

Mihai GURAN

Abstract: The concept of ”criminal charge” referred to in the text of article 6 of the European Convention on Human Rights has an autonomous meaning in the conventional protection system, which must be analysed in the light of the principles developed in this matter in the case law of the Strasbourg Court. The purpose of this article, after examining the relevant case law and doctrine, is to highlight the criteria that have been considered by the European court in order to determine whether a certain judicial procedure can be classified as belonging to the sphere of criminal law. At the same time, the article aims to analyze the practical relevance of this delimitation, especially in the matter of the right to a fair trial, to what extent certain stages of the criminal trial or special "criminal" procedures fall under the scope of the provisions of art. 6 of the European Convention on Human Rights, and must observe the fairness requirements of the procedure.

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Volume X, special issue II, December 2019, posted at 23th of December 2019

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European Union Law

THE LISBON TREATY AND THE RISKS OF NONCOORDINATION OF ECONOMIC POLICIES IN THE E.U.

Grigore SILASI

Ion M. ANGHEL

CONSIDERATIONS REGARDING THE ROLE OF JURISPRUDENCE AS A SOURCE OF LAW IN ROMANIAN LAW AND IN EUROPEAN UNION LAW

Mihai BĂDESCU

BRIEF CONSIDERATIONS ON THE INSTITUTION OF PENALTY IN THE CONSTITUTIONS OF EU MEMBER STATES

Silviu Gabriel BARBU

Vasile COMAN

THE DISCIPLINARY OFFENCES OF INCOMPATIBILITY AND CONFLICT OF INTERESTS REGARDING PUBLIC OFFICIALS, AS PROVIDED FOR BY THE LEGISLATION OF ROMANIA, ARE OF AN CRIMINAL NATURE UNDER ARTICLE 6, PARAGRAPH 1 ECHR

Tudor CHIUARIU

CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

Ioniţa COCHINŢU

Cristina TITIRIŞCĂ

THE IMPACT OF THE CURRENT INTERNATIONAL LAW CRISIS ON THE RIGHT TO SUSTAINABLE DEVELOPMENT

Titus Corlătean

LEGAL LIMITS OF THE EXERCISE OF THE FREE MOVEMENT OF PERSONS IN THE EUROPEAN UNION

Nicoleta DIACONU

CONSUMERS PROTECTION FROM THE PERSPECTIVE OF SANCTIONING DOUBLE QUALITY STANDARD OF PRODUCTS AND SERVICES IN THE EUROPEAN UNION

Raluca DINU

EUROPEAN COMMONWEALTH ARMY – CHALLENGE FOR A PROPER EU REGULATION

Carmen Adriana Domocoş

“DISCRIMINATION BY ASSOCIATION” - BETWEEN JURISPRUDENTIAL CONSECRATION AT EUROPEAN LEVEL AND LEGISLATIVE DESIRE IN ROMANIA. SOME CONSIDERATIONS

Constanţa MĂTUŞESCU

THE LEGALITY OF THE APPLICATION OF SUPPLEMENTARY AND ACCESSORY PUNISHMENTS FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION

Alexandru POROF

BREXIT AND THE BACKSTOP SOLUTION ON NORTHERN IRELAND

Maria-Cristina SOLACOLU

THE INTERNATIONAL AREA OF THE SUBMARINE TERRITORIES IN THE CONTEXT OF THE EUROPEAN UNION INTEREST ON THE EXPLORATION AND EXPLOITATION OF THEIR RESOURCES

Laura Magdalena TROCAN

 

UE Law and Comparative Law

IN DUBIO PRO REO - MYTH OR REALITY

Denisa BARBU

CRIMINAL LIABILITY FOR ECOLOGICAL DAMAGE RESULTING FROM NUCLEAR TRANSPORT

Florin Octavian BARBU

INSTRUMENTS FOR BETTER REGULATION. A COMPARISON OF THE REGULATORY IMPACT ASSESSMENT (RIA) LEGAL FRAMEWORK IN ROMANIA AND IN FRANCE

Ionuţ-Bogdan BERCEANU

THE ROLE AND IMPORTANCE OF CLUSTERS IN EUROPE. GERMAN MODEL VERSUS ROMANIAN MODEL

Eduard CĂLINOIU

MEASURING THE HARMONIZATION DISTANCE WITHIN THE LEGAL SPACE OF THE EUROPEAN UNION AS A TOPOLOGICAL SPACE

Gheorghe BOCŞAN

INFORMAL SETTLEMENTS – LEGISLATIVE CHANGES MADE IN THE ROMANIAN LEGISLATION, THROUGH LAW NO. 151/2019, RELATED TO THE EUROPEAN LEGISLATION AND THE PROVISIONS OF THE CONVENTIONS THAT PROTECT THE FUNDAMENTAL HUMAN RIGHTS

Mădălina BOTINĂ

CURRENT CHALLENGES OF THE LAWYER PROFESSION

Alexandru-Aurelian CHIRIŢĂ

RELIGIOUS FREEDOMS AT EUROPEAN UNION LEVEL AND THEIR PROTECTION BY THE PEOPLE'S ADVOCATE

Denis-Roxana GAVRILĂ

COMPARATIVE ANALYSIS REGARDING THE IMMOVABLE GOODS PUBLICITY AND THE LAND BOOK OF THE STATES OF THE EUROPEAN UNION

Marilena MARIN

IMPLEMENTATION OF THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONMENT

Irina MOROIANU ZLATESCU

Petru Emanuel ZLATESCU