Romanian Legal Reform Malfunction: Use of Secret Evidence in Criminal Trials
In 2023, the Romanian legislator initiated a process to update criminal legislation by aligning the provisions of the Criminal Code of Procedure in force and effect as off 2014 with several decisions of the Constitutional Court of Romania (the “Constitutional Court”) that found numerous procedural provisions in breach of the national 2003 Constitution and, by extension, of the European Convention of Human Rights and Fundamental Freedoms (the “Convention”) incorporated by reference in the national Constitution.