THE RIGHT TO A FAIR TRIAL IN PROCEEDINGS CHALLENGING THE MINUTES OF DISPUTING CONTRAVENTIONS
DOI:
https://doi.org/10.15837/aijjs.v7i2.538Keywords:
the right to a fair trial, contravention, access to justiceAbstract
The offenses field is assimilated to the criminal one from the perspective of theEuropean Court of Human Rights, in the sense of article 6 of the Convention, the person
accused of committing an act regarded in national law as an offense must benefit from the
guarantees specific to criminal proceedings.
References
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Dan Claudiu Dănişor, Imposition of the Decisions of the Constitutional Court - a problem of ordinary courts, The Judicial Courier, no. 6/2009;
Dan Claudiu Dănişor, The principle of retroactivity of the more favorable criminal or contravention law, Caiete de drept penal, no. 4/2009;
Mircea Ursuţa, Can the Romanian contravention procedure be considered as belonging to the autonomous notion of “criminal matter†from the perspective of
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Decision no. 953/2006 of the Constitutional Court, published in the Official Gazette no. 53 from the 23rd of January 2007;
CEDO, Ruling from the 21st of February 1984, given in the case Oztürk against Germany.
