Andra Trandafir - law firm
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Address: 60 Vasile Lucaciu Street, Sector 3, 030167, Bucharest

High Court of Cassation and Justice. Lack of appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code.

At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division referred the matter to the Constitutional Court for constitutional review on the grounds of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code, as they do not regulate an appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. In support of the exception, we have raised the constitutional standard on interference with the right to privacy, highlighted in particular by Decisions No 244/2017 and 421/2020, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union.