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Romania / Constitutional Court / 116D/2011, 374D/2011

Horia Ciorcilă and Radu Jurcovan / Claudiu Eugen Iuliu Silaghi, Doina Mărioara Cojocaru and Sergiu Dan Dascăl

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Romania / The Romanian Constitutional Court
Decision date:

Key facts of the case:

The applicants argued, overall, that art. 244-246, art. 248 and art. 279 of Law no. 297/2004 on capital markets, which detailed the offences that might be committed in relation with transactions and the corresponding sanctions did not observe the requirements of clarity, predictability and accessibility. They also argued that the provisions of article 30 (3) of the Criminal Procedure Code are unconstitutional because they allow the prosecutor to decide which court should to try a criminal case, between several courts of equal territorial competence.