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Reasoning For Ordering The Custody On Remand In The Light Of Echr Jurisprudence

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  • Ramona Mihaela COMAN

    (Teaching assistant, Faculty of Economics, Law and Administrative Sciences, "Petru Maior" University, Tg. Mures, PHD Candidate, ROMANIA.)

Abstract

Article 5 of the European Convention on Human Rights guarantees the right to liberty, which requires among other things that, when ordering the custody on remand of a person, all the conditions stipulated by the national legislation must be met. The decisions ruling the taking, maintenance, extension of this measure must include specific reasons for imposing such a measure, and the reasoning should not be abstract nor general, but related to the actual case. The article analyzes some aspects which could be taken from the ECHR decisions relating to the reasons for which the custody on remand may be ordered.

Suggested Citation

  • Ramona Mihaela COMAN, 2013. "Reasoning For Ordering The Custody On Remand In The Light Of Echr Jurisprudence," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 54, pages 35-39, September.
  • Handle: RePEc:pmu:cjurid:v:54:y:2013:p:35-39
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj13/recjurid133_4F.pdf
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    Citations

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    Cited by:

    1. Lucian CHIRIAC & Roxana Silvia TRUTA, 2017. "Sur L'Ind├ępendance Des Juges Et Leur Soumission Seulement Devant La Loi En Roumanie En Vue Des Propositions De Modification De La Loi No. 303/2004 Sur Le Statut Des Juges Et Des Procureurs Et La Loi N," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 71, pages 52-65, December.

    More about this item

    Keywords

    custody on remand; ECHR jurisprudence; right to liberty; reasoning;

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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