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Manuela Maria PUȘCĂ, Andrei Claudiu RUS: Review in the Case of the Decisions of the ECHR ...

Abstract: The regulation of the review procedure in the case of judgments of the European Court of Human Rights is imposed by the need to remove the consequences of violating the provisions of the European Convention in criminal proceedings, when these consequences continue to occur after the violation of the European Court of Human Rights. In this respect, the promotion of a request for review based on the existence of a final judgment of the European Court of Human Rights is an admissible step only insofar as, in view of the nature of the right found by the European court, the cessation of the serious consequences of violation of the Convention is possible only by retrial of the domestic case underlying the referral. This study proposes the analysis of the legal and mandatory condition for continuing the serious consequences of the violation of the European Convention after the ruling of the European Court and also the identification and evaluation of the solutions pronounced by the Supreme Court, to know the adjacent arguments. We also consider as methodological means used the following: literature review, analysis, interpretation

Keywords: review; ECHR jurisprudence; admissibility; jurisprudence Supreme Court


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