Neconstituționalitatea „pretențiilor părții civile” – art. 10 alin. (1) din Legea nr. 241/2005

Abstract

Recently, the Constitutional Court ruled that the phrase "claims of the civil party" in art. 10 para. (1) of Law no. 241/2005, in the form prior to the amendments brought by Law no. 55/2021 is unconstitutional as it violates the principle of equality of arms. In this context, after a review of the changes brought over time to the provisions of art. 10 para. (1) of Law no. 241/2005 and the arguments of the Constitutional Court, we analyzed to what extent the provision declared unconstitutional violated the provisions of art. 6 of the European Convention on Human Rights or only the provisions of the Constitution by reference to the jurisprudence of the RCC.