THE POSITION OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS’ PROVISIONS IN THE ROMANIAN JUDICIAL SYSTEM

According to the Constitution of Romania, those international treaties and pacts, to which Romania participates, have priority toward the national laws. With the ratification of the Convention in 1994, Romania assumed the obligation of compliance with all the fundamental human rights and liberties, apart from the Convention, all of these having direct applicability. Its conventions and protocols cannot be correctly interpreted and applied but only by reference to the Court`s jurisprudence. Thereby, a conventional block is taking shape. The amendments brought by the New Criminal Code and the New Criminal Procedure Code reflect the influence of the Convention and ECHR jurisprudence on the national regulation