The Correspondence of the Lawyer in Echr Jurisprudence and of the Romanian Constitutional Court

Correspondence between a lawyer and his client, regardless of its purpose, is protected under article 8 of the Convention, which gives it increased protection in terms of confidentiality. In Romania, the Constitutional Court considers regarding the correspondence between a lawyer and his client, that it contributes essentially to the defense of the client, being an intrinsic element of the fundamental right to defense, enshrined in article 24 of the Constitution. Therefore, the lawyer-client relationship is qualified as a privileged one. The analysis of the Constitutional Court must have as a premise the privileged status of lawyer-client correspondence, which benefits from a specific legal treatment, without putting the sign of equality between this and ordinary correspondence between individuals. Romania must regulate a normative framework capable of providing additional protection for this type of correspondence.