The Right to Freedom from CEDO Point of View - Previous and Subsequent to the Judicial Practice -

AuthorGianina Anemona Radu
PositionAl. I. Cuza Police Academy, Bucharest
The Right to freedom from CEDO point of view
– previous and subsequent to the judicial practice –
Gianina Anemona Radu
„Al. I. Cuza” Police Academy, Bucharest
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 d ue to p rocedural
reasons. Of these, the extent of preventive arrest, duration of procedures, skills and settlement evidence in criminal
matters were the subject of sever al cases to the European Court of Human Rights, to which Romania is party. The
current procedural system govern ed by the Code of Criminal Procedure, subject t o frequent legislative
interventions on the various institutions, led to the uneven application and interpretation of criminal procedural
law. Therefore, the obvious need to create th e 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 p lace and role of each judicial bo dy, and new
institutions have been introduced, on levels and with competencies meant to ensure separatio n 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.
Keywords: prosecutor, Criminal Code, justice system
„Freedom is not the lack of regulations, and
the discipline is not the lack of freedom”
Antoine de Saint Exupery
1. Introduction
When speaking about freedom one must take into consideration the fact that every human being is entitled to
freedom irrespective to his race, religion, political orientation, language, nationality and sexual preference.
The Human rights, as internationally established and guaranteed, are individual rights- rights belonging to
human beings, consideredhighly important for the existence, dignity, equality, happiness and freedevelopment of
each individual, the 1948 Universal Declaration and the 1950 Human Rights European Convention settling the
basis for the recognision and judicial protection of these rights.
Moreover, as stipulated in the International Pact regarding the political and civil rights, to which our country
adhered to through the 212 Decree in 1974, no person is to be abusevely detained and arrested. Detention of
those who are subsequently subject to being emprissoned should not be made a rule, still, the liberation can be
conditioned to their certain presence in the court room1.
Still, there are some limits concerning the full exercise of the fundamental rights stipulated in the Human Rights
European Convention. These refer to the fact that, on one hand, the sheer stipulation of some unlimited rights
and liberties may lead to the imposibility of making a clear distinction between the legal and the illegal
behaviour, thus opening the pathway to arbitration, to hasarduous and lawless interpretation, and on the other
hand, the regulation of the exceptions and restrictions must aim at at the establishment of some boundaries
1 Art. 5 the Human Rights European Convention

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