romanian english

Olga Andreea URDA: General guarantees of respecting the right to a fair trial. The right to an independent and impartial tribunal

Abstract: In criminal proceedings, the persons involved must be able to realize their legal rights and interests and at the same time have the guarantee that they are protected from possible abuses arising from the judicial bodies. The right to an independent and impartial tribunal is a true cornerstone of both democracy and confidence in the judicial act. Thus the independence and impartiality of the court are fundamental principles of all systems of law, guaranteeing litigants that justice will be determined only by arguments drawn from the course of the hearings, and the solution will not be the result of pressure or of prejudices. The present study aims to analyze the way in which the Romanian legislation complies with the requirements imposed by international documents in the matter of respecting the right to an independent and impartial tribunal.

Keywords: independent, impartial, fair trial, European Penal Law, fundamental rights.


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