Drepturile omului reflectate în principalele instrumente juridice internaţionale. Prezumţia de nevinovăţie şi dreptul de a fi prezent la proces în cadrul procedurilor penale în Uniunea Europeană. Unele opinii critice
Human rights reflected in the main international legal instruments. The presumption of innocence and the right to be present at trial in criminal proceedings in the European Union. Some critical opinions

Summary/Abstract: In the first part of this study, we briefly examined the main international legal instruments on human rights, starting with the Declaration of Independence adopted by the Congress on 4th of July 1776 in Philadelphia, attempting an explicit nomination of each right as it is provided for in each of the relevant normative acts. It is important to note from this point of view, the consistency of some of the rights already enshrined, such as the right to life, the right to a fair trial, the presumption of innocence, the right to defense etc. In this context, I referred to the six main international legal instruments, insisting more on examining the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the Council of Europe in Rome on 4th of December 1957, a European legal instrument of major importance for the substantiation of certain normative acts at the level of the European Union. In Part II of the study, we briefly examined the presumption of innocence and the right to be present at trial in criminal proceedings at the EU level, with direct reference to how those rights are reflected in the European normative framework, respectively the act published in 2016. At the end of the study, we conducted a brief examination of how the presumption of innocence, the right to silence, the right to be present at trial, and the right to a new trial in Romanian law are reflected in European law. The paper presents some new elements that consist of the brief examination of the main international normative acts aimed at defending human rights, with emphasis on the Convention for the Protection of Human Rights and Fundamental Freedoms. Also, other new elements aim at summarizing the presumption of innocence, the right to be present at trial in criminal proceedings at the level of the European Union, with direct reference to how these rights are reflected in the European normative framework published in 2016. Last but not least, we highlight the brief examination of the way in which the presumption of innocence, the right to silence, the right to be present at trial, and the right to a new trial in Romanian law are reflected, compared to the European provisions in this field. Another element of novelty is represented by the critical opinions and the de lege ferenda proposals, meant to contribute to the improvement of the Romanian and European legislative system in this field. The present work may be useful for researchers in the field of human rights, academia and all those interested in the subject with resonances that are increasingly prominent in everyday life and among specialists.

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