Inovația redeschiderii procedurilor judiciare la nivel național pe calea revizuirii procesului penal – competența agentului guvernamentală

Abstract

The scientific research is focused on the issue of reopening judicial proceedings at the national level when the European Court of Human Rights has notified the Government of an application. In particular, the legal mechanisms available to the Government Agent, which can be used in civil proceedings, and the normative novation operated in criminal proceedings are analysed. The author concludes on the necessity and advisability of regulating the institution of revision in criminal proceedings, which can be used by the Government to ensure the purposes of the principle of restitutio in integrum. The new legal provisions introduced into the Code of Criminal Procedure at the request of the Government Agent strengthen the normative toolbox available to the State to take a proactive stance in the process of dealing with an application to the European Court and, above all, to restore fundamental human rights and freedoms.