Influenţa dreptului Uniunii Europene asupra dreptului intern – spre o restrângere a standardelor de protecţie internă a drepturilor fundamentale în materie penală, sub influenţa dreptului Uniunii?
The Courts must verify in each individual case the compliance with the standards resulting from the case law of the European courts, which cannot be invoked to lower the national standard of protection with regard to the principle of legality of incrimination and punishment and the application of the most favorable criminal law. The realization of justice in a State governed by the rule of law is possible only if fundamental rights are brought into line with the standards resulting from the case-law of the European Court of Human Rights and the Constitutional Court. A restriction of the standard of protection of these rights below the aforementioned standards would constitute a violation not only of the Convention, but of the Charter itself, which refers to respect for fundamental rights recognized by international conventions to which the Union or all the Member States are parties, and in particular the ECHR, and by the constitutions of the Member States.
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