Dimensiunea procesual-penală a Convenției Europene a Drepturilor Omului: între interpretarea extensivă și aplicarea restrictivă
The procedural-criminal dimension of the European Convention on Human Rights: between extensive interpretation and restrictive application

Summary/Abstract: This article examines the theoretical and jurisprudential foundations of the interpretation of the European Convention on Human Rights (ECHR) in the field of criminal procedure, highlighting the conceptual and practical evolution of the notions on "fundamental rights" and "fair trial." The analysis focuses on how the ECHR, through a dynamic, extensive, and teleological interpretation, reconfigures the traditional relationship between the state and the individual, affirming the supremacy of human rights over national sovereign interests. The work emphasizes the autonomous nature of the concepts used by the Court, reveals the discretion given to States in the application of treaty rights, as well as the requirements of the case law with regard to procedural guaranteesincluding: impartiality and independence of the court, presumption of innocence, the right to silence, the right to legal assistance, equality of arms, adversarial proceedings and the resolution of the case within a reasonable time. The methods of interpretation (teleological, systematic, of useful effect) are analyzed, together with their implications for domestic law, in the context of the adoption of the monist model with priority given to international rules. Finally, it emphasizes the States' obligation to ensure the conformity of national legislation and case law with the requirements of the Strasbourg Court, highlighting the risks of a formalistic or restrictive interpretation of European human rights standards. The Republic of Moldova is analyzed as a case study on the process of integrating the Convention into national law and the difficulties encountered in the effective application of the guarantees offered by the Convention.

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