Principalele mecanisme juridice de garantare a drepturilor și libertăților omului

Abstract

The Constitution of Romania and the Constitution of the Republic of Moldova, enshrine the fundamental rights and freedoms for human beings, thus becoming the basic criterion for the qualification of the rule of law. All these rights and freedoms have value for the whole legal system, them, representing, in fact, the basis of any legislative approach. However, some of them have a closer connection with the judicial field, representing a real guide, both for the procedural legislation, in civil or criminal matters, and in the actual activity of carrying out the act of justice. Therefore, a retrospective on them will allow us to ascertain whether, as they are currently enshrined, they have sufficient force to guarantee a fair, equitable justice, and to what extent the procedural legislation respects the rule of constitutional compliance.