The right to information within the criminal proceedings in the European Union. Comparative examination. Critical opinions

• Author: Ioana-Minodora Rusu
• Position: Assistant Professor
• Pages: 139-150

The right to information within the criminal proceedings

in the European Union. Comparative examination. Critical opinions

Assistant Professor Ioana-Minodora RUSU1

Abstract

In the present study we have examined the provisions of Directive 2012/13 / EU o f

the European Parliament and the Council on the right to information in criminal

proceedings and a compared examination relating to the provisions of Romanian law

regarding ensuring the right to information within the Roma nian criminal proceedings. The

innovations and the value of the work consist of the examination of the European legal

instrument, the comparative examination and the critical opinions and th e proposals of de

lege ferenda. As recognized in the jurisprudence of the ECHR, the right to information of

the person suspected or accused of committing a crime or arrested for committing a crime

on the territory of another Member State is part of the right to a fair trial, being necessary

its compliance throughout the criminal trial, on the territory of each Member State. At the

same time the European legislative act establishes a g eneral procedure that needs to be

respected by each Member State, which entails the obligation for Member S tates to ensure

at least the same rights as for the citizen or the conditions under which a national of

another Member State is suspected, accused or arrested for the commission of a crime. Th is

paper continues the research conducted in the field of International and European judicial

cooperation in criminal matters, which have resulted in the publication of papers in well-

known publishing houses in the country and abroad, in national and international

specialized jou rnals or con ference proceedings. The work can be useful to both theorists

and practitioners in the field of judicial cooperation in criminal matters regarding the

rights of certain categories of people and to the Romanian or European legislator for

amending and supplementing the legislation.

Keywords: person suspect, accused or arrested in another Member State, the

Romanian law, the European legal instrument.

JEL Classification: K14, K33

1. Introduction

In the bilateral or multilateral international relations, the world states have

conducted cooperation activities in a variety of areas, focusing on the economic,

cultural, environmental, political, military and legal domains.2

The scientific and technical progress in the recent years and the expansion

of the democratization process across several states, created the possibility of easy

movement of people and goods from one State to another or from one continent to

1 Ioana-Minodora Rusu - Dimitrie Cantemir Christian University of Bucharest, Romania,

oanarusu_86@yahoo.com .

2 Boroi, Al. Rusu, I. & Balan-Rusu, M.-I. (2012). The Judicial Cooperation in Criminal Matters in

the European Union, EU Judicial Cooperation. LAP Lambert Academic Publishing,

Deutschland/Germany, Danubius University, p. 15.