Autor: Bogdan Marin Giurcă
Publicat în: Analele Universității „Titu Maiorescu”, 2014
Disponibil online: aici.
Abstract: Constitutional Court of Romania established that the application of more favorable criminal law is a true principle, and therefore when the courts are seised of such an issue, the more favorable criminal law will apply in all cases. Since Romania is a member of the European Union since 1 January 2007, the European Court of Human Rights applies to the detriment of domestic regulations if it is more favorable. But in practice and doctrine were two dissenting large, long disputed, with the way in which this principle is implemented.
Keywords: global application; autonomous criminal institutions; the High Court of Cassation and Justice of Romania; Constitutional Court of Romania; decision; transition of criminal law.