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Violations of the Right to a Fair Trial and the Right to Liberty and Security of Person in Romania

the Perspective of the Defence

Rechten: Alle rechten voorbehouden

Violations of the Right to a Fair Trial and the Right to Liberty and Security of Person in Romania

the Perspective of the Defence

Rechten: Alle rechten voorbehouden

Samenvatting

The aim of the present thesis is to identify violations of the right to a fair trial and the right to liberty and security of person in Romania. It focuses on the developments that have taken place since country acceded to the EU in 2007, and delivers recommendations to address them. The miscarriages of justice committed by the relevant authorities - i.e. courts, prosecutors and the police - are analysed in the context of the co-operation between EU Member States and the requirements set out by the European Convention of Human Rights in regard to the right to a fair trial and the right to liberty. The incentive to conduct this research is Romania's struggle to integrate and actively participate in the progress of the EU. In order for that to become reality, first a level-playing field in the area of justice must be built, which guarantees citizens across the entire territory that their rights will be respected regardless of where they are in the EU.
Understanding how the right to a fair trial and the right to liberty should be enforced demands an examination of their theoretical meaning, by looking at definitions created by national, international and European legal instruments. The most relevant sources of law in this sense are article 5 and 6 of the ECHR and the articles from the Romanian Criminal Code and Code of Criminal Procedure, as well as the Romanian Constitution which govern the two rights discussed in the national jurisdiction. The theoretical framework is, however, not sufficient to understand how the right to a fair trial and the right to liberty are exercised in practice. For that reason, the thesis also answers the question 'Which are the most relevant principles of law that govern the two rights?'
Having explored these principles of law as developed through ECtHR case-law, the focus shifts on the Romanian practice in upholding the two rights discussed. The findings of the research are that the integrity of the Romanian judicial system is vulnerable and leaves considerable space for interference by the executive and for corruption. The lack of impartiality weakens the rule of law and enables groundless decisions to be taken that violate the right to a fair trial and the right to liberty.
In light of the discoveries made throughout the study and the specific situation in Romania, recommendations are formulated to address the underlying systemic causes of unreasonably lengthy trials and excessive detention measures. The European Commission for the Efficiency of Justice (CEPEJ) proposes measures for preventing unreasonably lengthy criminal proceedings. Moreover, on the basis of the mutual recognition principle, there are also EU legal instruments which could be used more intensely and developed into cohesive policies to improve inter-state collaboration in the area of pre-trial detention.
The enforcement of the afore-mentioned remedies requires a lengthy and stable reformation process, but their proper administration could significantly raise the standard of justice in Romania and strengthen the rule of law. Considering that Romania is making efforts to become a more active member of the EU, improvements in this sense are critical for sustaining a good inter-state collaboration in the common area of justice.

Toon meer
OrganisatieDe Haagse Hogeschool
AfdelingESC Europese Studies / European Studies
Jaar2013
TypeBachelorscriptie
TaalEngels

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