Abstract:

The present paper aims to analyze the possibility of examining the merits, in the preliminary proceedings chamber, of court orders issued by the judge of rights and freedoms through which have been acquiesced technical surveillance measures. We consider that this work is of interest given the obvious discrepancy between the definitive nature of the court order and the object of preliminary chamber ruling, in the light of the legality and validity of evidence acquired during prosecution. The majority of national court decisions reveals that the judge`s for rights and freedoms rulings trough which a measure of technical surveillance is authorized are subject to judicial control in preliminary chamber, but there are several courts in Romania that states otherwise.