The constitutional guarantees for the improvement of the right to a fair process. Summary of the doctoral thesis.

Abstract

ANNOTATION: BACU IGOR “Constitutional guarantees of the right to a fair trial”. Thesis of Doctor of Law. THE THESIS INCLUDES: An introduction, four chapters, conclusions and recommendations, bibliography including 280 titles, 161 text pages. The results gained have been published in 8 scientific works, the total volume of publications on the thesis topic is of about 3.37 c.a. THESIS’S GOAL. The work’s goal is to approach how the guarantees to a fair trial are regulated and implemented at constitutional level and how compatible they are with the requirements set pout in the European Convention on Human Rights, and how states fulfill the responsibility to implement a normative framework designed to protect any person against the judicial arbitrary. THESIS’S OBJECTIVES. To reach this goal the following objectives should be achieved: to define the concept of fair trial from the viewpoint of approaches mirrored in the modern doctrine and constitutional provisions; to identify international instruments dedicated to the right to a fair trial; to analyze the system of constitutional guarantees relevant for the protection of human rights and freedoms; to study the system regulating the guarantees to a fair trial by determining their basic elements; to highlight the basic role of the practice of the Constitutional Court to ensure the appropriate implementation of guarantees to a fair trial. SCIENTIFIC NOVELTY AND AUTHENTICITY are determined by the goal and objectives derived from how the issue has been approached, from the nature of research subject matter. Therefore, the scientific novelty is provided by the analysis of steps the constitutional guarantees of the right to a fair trial are applied by the local judiciary system, by emphasizing the drawbacks in implementing and providing solutions to remove the drawbacks found. C.Z.U: 342.7:[343.13+347.9](043.3)