Considerations on the right to a fair trial – breaching of the principles of contradictory and immediacy by changing the composition of the panel of judges

Abstract

This article begins with the problem that arises in the national judicial practice with respect to the application of the principles of contradiction and immediacy at the trial stage, for the observance of the right to a fair trial, provided by art. 6 of the European Convention on Human Rights, in the event of a change in the composition of the panel of judges. In the absence of any clear provisions in national law, two ECHR decisions (Cutean vs. Romania and Beraru vs. Romania) received a different interpretation in national practice, one granting a higher standard of protection of the defendant than the one established by the European Court.