The Constitutional Court of Romania declares unconstitutional amendments made to the Code of Criminal Procedure

The Constitutional Court of Romania declared certain provisions of the Law for amending the Criminal Procedure Code unconstitutional, including the articles regulating the competence of the preliminary chamber judge.

The criticisms were made by the High Court of Cassation and Justice (ICCJ) before the law was promulgated, emphasizing that the amendments affect the "coherence" of the criminal procedure and the procedural rights of the parties. The Court found that the proposed regulations contravene the standards of legal clarity, affecting the obligation of judicial bodies to inform participants in the process about the hearing dates.

Additionally, according to the CCR, it was highlighted that the rulings of the preliminary chamber judge do not resolve the merits of the criminal case, which contravenes the principle of res judicata. The CCR's decision is final and generally binding, meaning that the provisions declared unconstitutional cannot be maintained in the criticized form.