Open AccessConstitutionalization of the Pre-trial Chamber concept
Author(s) -
Tudorel Toader,
Marieta Safta
Publication year - 2019
Publication title -
revista de drept constituţional
Language(s) - English
Resource type - Journals
eISSN - 2810-1979
pISSN - 2457-8754
DOI - 10.47743/rdc-2019-2-0005
Subject(s) - principle of legality , law , fair trial , perspective (graphical) , political science , reflection (computer programming) , criminal law , criminal trial , criminal court , computer science , international law , human rights , artificial intelligence , programming language
The Pre-trial Chamber was introduced in criminal proceedings as a new concept aimed at eliminating the excessive length of proceedings in the trial stage, and, at the same time, as a procedural remedy designed to meet the requirements of legality, celerity and fairness of criminal proceedings. The rules governing it have been repeatedly challenged by way of exceptions of unconstitutionality, some of the exceptions being allowed, with the consequent amendment of the legal reference texts. This study approaches the case-law of the Constitutional Court by which the constitutionalisation of this stage of the criminal proceedings was achieved, with the consequence of significant changes, inviting reflection on the new configuration of the Pre-trial Chamber, from the perspective of regulatory intent.