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

Author:Ioana Minodora Rusu
Position:Dimitrie Cantemir Christian University of Bucharest, Romania
Pages:139-150
SUMMARY

In the present study we have examined the provisions of Directive 2012/13 / EU of 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 Romanian criminal proceedings. The innovations and the value of the work consist of the examination... (see full summary)

 
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The right to information within the criminal proceedings
in the European Union. Comparative examination. Critical opinions
Assistant Professor Ioana-Minodora RUSU
1
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.

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