The Loyalty of Evidence in Light of the Romanian and European Doctrine and Case Law

Abstract

This article is a conceptual and scientific study that examines the principle of loyalty in the administration of evidence within civil proceedings. Initially developed in criminal procedural law, the concept is increasingly relevant in civil matters due to the growing complexity and technologization of legal relations. The study identifies loyalty of evidence as a fundamental guarantee of a fair trial, requiring that proofs presented before the court be authentic, reliable, lawfully obtained, and respectful of the parties’ rights. The central thesis is that loyalty of evidence must be balanced against the protection of the right to private life under Article 8 of the European Convention on Human Rights. The research aims to highlight the necessity of clear and balanced procedural norms governing admissibility of evidence, particularly where sensitive or confidential data are involved. The originality of the study lies in linking the doctrine of loyalty of evidence in civil proceedings to contemporary challenges in privacy protection and data handling. Its scope is national, with references to European standards. The findings provide cognitive value both for legal science, by clarifying a relatively underexplored principle in civil procedure, and for judicial practice, by suggesting a framework that reconciles fair trial guarantees with the protection of private life.