APLICAREA DISPOZIȚIILOR ART. 20 DIN CONSTITUȚIA ROMÂNIEI, REPUBLICATÃ, ÎN MATERIA RECURSULUI PENAL REGLEMENTAT DE DISPOZIȚIILE ART. 141 ALIN. (1) TEZA A DOUA DIN CODUL DE PROCEDURÃ PENALÃ

The courts can contribute, within their competencies, to ensure supremacy of the Constitution; this also involves the ability to directly implement some of the constitutional regulations. In the context of the complex process of human rights internationalization, certain analysis and solutions concerning the relationship between the international and domestic human rights regulations and hence interpretations of the provisions covered by the Constitution on this issue appear more frequently within the case law. In this study the author analyzes the role of national judges in applying the (European) Convention for the Protection of Human Rights and Fundamental Freedoms under the legitimacy which is conferred upon them by the provisions of Art. 20 of the Constitution, republished; this analysis is based on case law matters on criminal appeal, governed by Art. 141 paragraph 1 of the Code of Criminal Procedure.