Desfășurarea online a ședințelor de judecată versus respectarea dreptului la un proces echitabil

Abstract

This article examines whether or not conducting court hearings online violates the right to a fair trial. To provide an answer, appeal is made to the normative framework, the practice of the Constitutional Court, as well as the practice of the European Court of Human Rights. Finally, it is concluded that neither the Constitution nor the European Convention on Human Rights prohibits, per se, the holding of online court hearings. Such a possibility must be provided for by law, be justified and ensure the exercise of rights in a practical and effective manner.