This study aims to analyze both theoretically and practically the effectiveness of access to justice in civil proceedings, in a real and non-illusory way, in the light of the case law of the Constitutional Court, and whenever appropriate, with references to European rules and case law. We first addressed the conditions of the effectiveness of access to justice in civil proceedings, then the real access to justice in the context of vari...

This study emphasizes on lacunar criminal procedural dispositions relating the obligation of the prosecution bodies in accordance with the officiality and legality principle, to conduct and to outwork all the rationale and possible suppositions in the light of respecting the fundamental right to a fair trial and the fundamental right of the presumption of innocence. The burden of proof regarding the integrity of the evidence that has bee...

Recently, the Court of Justice of the European Union has shaped the guidelines that a judicial authority issuing a European Arrest Warrant has to respect. CJEU analyzed on this occasion, the link between the executive power and prosecutors responsible the criminal investigation, the judges concluding that the abstract prerogative of a minister to influence a criminal investigation, even if not actually exercised, creates a doubt about ...

This paper aims to analyze the institution of renouncing prosecution, on the one hand in terms of the requirements of the right to a fair trial to which the suspect or defendant should be entitled, and on the other hand from the perspective of the legal consequences produced by the deficiency of the legislative construction represented by the provisions of art. 318 of the Criminal Procedure Code. In concreto, we will consider the...

The witness’s right to silence is a new institution in the Code of Criminal Procedure, which refers to his right not to incriminate himself, when he has become suspect or defendant. However, the text of the law on the silence of the witness will have to be supplemented with new provisions meant to ensure the observance of the most important guarantees of a fair trial when the witness, through his statement, may accuse himself.