REVIEW BASED ON A SPECIAL CASE OF A JUDGMENT (AND ADVISORY OPINION) OF THE EUROPEAN COURT OF HUMAN RIGHTS IN ROMANIAN CRIMINAL PROCEEDINGS. BRIEF CONSIDERATIONS ON THE CONDITIONS FOR EXERCISING IT
REVIEW BASED ON A SPECIAL CASE OF A JUDGMENT (AND ADVISORY OPINION) OF THE EUROPEAN COURT OF HUMAN RIGHTS IN ROMANIAN CRIMINAL PROCEEDINGS. BRIEF CONSIDERATIONS ON THE CONDITIONS FOR EXERCISING IT

Summary/Abstract: The regulation of the review procedure in the case of decisions of the European Court of Human Rights is imposed by the need to eliminate the consequences of the violation of the provisions of the European Convention in criminal proceedings, when these consequences continue to occur even after a final decision of the European Court of Human Rights has found the violation. In this regard, the promotion of a request for review based on the existence of a final decision issued by the European Court of Human Rights is an admissible approach only to the extent that, by reference to the nature of the right whose violation the European court found, the cessation of the serious consequences of the violation of the Convention is possible only by re-examining the domestic case that was the basis for the referral.

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