Examination of the Provisions Governing the Interceptions of Conversations and Communications according to the European Court of Human Rights Jurisprudence

• Author: Alexandru Boroi
• Position: Professor, PhD, Faculty of Law, 'Danubius' University of Galati
• Pages: 58-70

ACTA UNIVERSITATIS

58

Abstract:

The objective of the

the jurisprudence of the Europea

of a match bet ween the standard

video intercep tions and r ecordin

order to identify the existing pro

concrete result

s of the research f

Human Rights on the protection

European standards in the field.

that will be guided to the correc

and Romanian legislat or. The re

European Court

of Human Righ

consequence of these provisions.

Keywords:

interceptions; New C

1. Audio and Video I

European Court of Hum

In order to comply with t

Criminal Procedure establ

surveillance and

research

proportionality requiremen

There are classified and de

following:

a)

interception of con

1

Professor, PhD, Faculty of L

Galati, Romania. Tel.: +40

boroialexandru@univ-

danubius.r

IS DANUBIUS

Vol 9, no. 1

/2

Examination of the Provisions Governi

the Interceptions of Conversations an

Communications according to the

European Court of Human Rights

Jurisprudence

Alexandru BOROI

1

he present research consists of analyzing the requirements impos

ean Court of Human Rights in order to establish the presence / ab

ards and regulations of the Romanian l

egislation in the field of au

dings. This paper j oins the scientific efforts made by other auth

roblems in the internal law from the perspective of the Convention

h focus on p resenting the principles required by the European Co

on of privacy. The paper also examines the internal r ules that viola

ld. The undertaken research may be us

eful to practitioners in the

rect application of community and national provisions, and to the

research is a critical analysis of the national rules that do not me

ights standards and it reports

the

negative effects that may occur

ns.

w Code of Criminal Procedure; the European Court of Human Righ

o Interceptions and

Recordings according to

uman Rights Jurisprudence

h t he privacy and correspondence right, the New Cod

ablishes

the

procedural rules in the special technique

ch matters to meet the accessibility, predictability

ents.

defined as special surveillance or research technique

onversations and communications;

Law, “Danubius” University of Galati, 3 Galati Boulevard, 8

+40.372.361.102, fax: +40.372.361.290. Corresponding a

us.ro.

AUDJ, vol. 9, no. 1/2013, pp.

/20

13

rning

and

ts

posed by

/ absence

audio or

uthors in

tion. The

Court of

iolate the

the field,

theorists

meet the

cur, as a

ights

to the

ode of

ques of

ity and

ues the

, 800654

author:

p. 58

-70