Examination of the Provisions Governing the Interceptions of Conversations and Communications according to the European Court of Human Rights Jurispru

• Published in: Acta Universitatis Danubius. Juridica Vol. 9; no. 1; pp. 58 - 70
• Main Author: Boroi, Alexandru
• Format: Journal Article
• Language: English
• Published: Danubius University Press 2013; Editura Universitară Danubius
• Subjects: Law, Constitution, Jurisprudence; New Code of Criminal Procedure; interceptions; the European Court of Human Rights
• ISSN: 1844-8062; 2065-3891

The objective of the present research consists of analyzing the requirements imposed by the jurisprudence of the European Court of Human Rights in order to establish the presence / absence of a match between the standards and regulations of the Romanian legislation in the field of audio or video interceptions and recordings. This paper joins the scientific efforts made by other authors in order to identify the existing problems in the internal law from the perspective of the Convention. The concrete results of the research focus on presenting the principles required by the European Court of Human Rights on the protection of privacy. The paper also examines the internal rules that violate the European standards in the field. The undertaken research may be useful to practitioners in the field, that will be guided to the correct application of community and national provisions, and to theorists and Romanian legislator. The research is a critical analysis of the national rules that do not meet the European Court of Human Rights standards and it reports the negative effects that may occur, as a consequence of these provisions.