Constituirea ca parte civilă în procesul penal: o ofertă de nerefuzat
Joining criminal proceedings as a civil party – an offer you can't refuse?

Summary/Abstract: As far as the right to access to a court is concerned, the European Court of Human Right's caselaw led to a significant evolution of national legislation. The approach on this issue today is much more nuanced, whether we are talking about court fees, appeals or bail. Presently, an important development of the caselaw in this field is taking place. In cases concerning the joining of criminal proceedings as a civil party, even the application of article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is being challenged. This article firstly deals with the applicability of article 6 in its criminal limb, then in its civil limb. I analyse the latest caselaw of the Court on this issue, but also the apparent divergence between cases Nicolae Virgiliu Tănase v. Romania and Petrella v. Italy. Finally, I present the current state of the caselaw the Court is dealing with, but also the importance of these decisions for Romanian nationals. Depending on the solution the Court will deliver in the case Fabbri and others v. San Marino, it is possible that this issue will remain exclusively in the hands of the national judge.

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