European legislation and jurisprudence. Comparative analysis on perchetition as a criminal procedural step enshrined in the Constitution and practice of the European Court of Human Rights and the European Court of Justice Cover Image

Legislaţie şi jurisprudenţă europeană Analiză comparativă privind perchetiţia ca măsură procesual penală consacrată în Constituţie şi practica Curţii Europene a Drepturilor Omului şi a Curţii Europene de Justiţie
European legislation and jurisprudence. Comparative analysis on perchetition as a criminal procedural step enshrined in the Constitution and practice of the European Court of Human Rights and the European Court of Justice

Author(s): Silviu-Gabriel Barbu, Alexandru ŞERBAN
Subject(s): Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Editura Universitaria Craiova
Keywords: search; European Court of Human Rights; European Court of Justice; fundamental law; criminal procedure;

Summary/Abstract: The present article accomplishes an analysis of search from the constitutional perspective, highlighting the manner in which the provisions of the fundamental law find their projection in the Criminal Procedure Code. Also, there are listed the juridical norms stated by the Constitution and other organic or ordinary laws which create a regime which differs from the general established framework. The search is conditioned in these cases by obtaining some warrants from certain public authorities or is subjected to their control. Last, but non the least, search is analyzed in a comparative manner, in the view of the constitutions of other states and relevant practices of the European Court of Human Rights and of the European Court of Justice

  • Issue Year: 2009
  • Issue No: 21+22
  • Page Range: 183-187
  • Page Count: 5
  • Language: Romanian