The Judge’s Attributes in the Protection of a Person’s Liberty, from the Perspective of the Constitutional History of Romania, Foreign Constitutions, as Well as from Conventions and International Pacts

S. Barbu; E. Barbu

Authors

S. Barbu Transilvania University of Brasov, Romania
E. Barbu Transilvania University of Brasov, Romania

Keywords:

judge, jurisdictional functions, court, individual freedom, person's safety, international agreements, international conventions, declarations of individual rights, preventive arrestment, restrainment, provisory freedom, appeal, presumption of not guilty, definitive conviction

Abstract

The international settlements give the judge essential functions in protecting the individual liberty and freedom of person, focused upon the principles of judges’ independence and impartiality. These international regulations establish some guarantees for the independence of the judge, guarantees that benefit the person’s freedom and safety by means of the perfect mechanisms of judicial control over the measures privative of freedom, and especially in the case of control over the preventive measures (provisional arrestment, in the first place).