House search. Exception of unconstitutionality. Lack of judicial review of the act by which the search was ordered and of the manner in which the search was carried out.

At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division has referred the matter to the Constitutional Court for constitutional review, with the exception of unconstitutionality of Article 158 para. (9) and art. 159 of the Code of Criminal Procedure. As in the case of computer searches, the exception concerns the situation of the person subject to this evidentiary procedure who, during the criminal proceedings or after the closure of the case, is not able to submit to the legality control either the conclusion by which the search was authorised or the manner in which it was carried out. In support of the exception, I have raised the constitutional standard on interference with the right to privacy, as highlighted in particular by Decision No 244/2017, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union.