Facultatea de Drept / Faculty of Law
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Item VALORI ȘI PRINCIPII FUNDAMENTALE ALE JUSTIȚIEI IN CONTEXT EUROPEAN(Iași, Performantica, 2020-10-30) Negru, Andrei; Codrea, Lavinia AndreeaThe issue of the fundamental values and principles of justice systems is legally addressed both at the global level, by international institutions and the rules they establish, and at regional level. The European political and legal space is characterized by a number of particularities related to, among others, certain requirements that States must fulfil in order to participate in the existing regional systems, the nature of the legal norms adopted within them and the specific arrangements for ensuring compliance. An essential role in the multitude of requirements for participation, the non-compliance of which may lead to sanctions in both systems defining the European legislative framework (Council of Europe and the European Union), is represented by grounding the justice system on certain values, administering justice according to certain fundamental principles. In this context, starting from a series of systematizations with the role of theoretical landmarks, the paper aims at following the fundamental values and principles of justice systems in the European legal framework, but also in the institutional proposals made by professional bodies active in this field. All of these institutions and bodies, consolidated legal norms, unifying proposals contribute to identifying and establishing common and potentially common elements to European states (and not only European) and, consequently, to their judicial institutions. Their presence and involvement in the matter have the potential to enhance European cooperation both in general terms and at the level of Euroregions.