“Rădulețu & Gherghe” Law Firm
No 17, Simion Bărnuțiu Street
Craiova, Dolj County
Romania
office@avocati-org.ro
Name, forename: RĂDULEȚU SEBASTIAN RADU IULIAN
Date and place of birth: 16 August 1975, Cluj-Napoca, Cluj County, Romania
Nationality: Romanian
Civil status: married, two children
● Practicing lawyer for over 25 years, specialised in Human Rights Law and Criminal Law
● Practicing lawyer on the List of Counsel of the International Criminal Court (since 2018)
● Professor in Human Rights Law and in Criminal Law, University of Craiova – Romania (since 2015)
● Former substitute member of the Venice Commission (May-October 2022)
● Master of Studies in International Human Rights Law, University of Oxford (2012-2014)
● Former lawyer at the Council of Europe, assigned to the Registry of the European Court of Human Rights (2001-2002)
Education and academic and other qualifications
2014 – 2015 – Postgraduate Diploma in European Union Law
King’s College
London, United Kingdom
July 2014 – Summer School „The European Area of Criminal Justice”
Institute d’Études Européennes,
Université Libre de Bruxelles
Bruxelles, Belgium
April 2014 – Certificate of habilitation and the right to supervise PhD theses in Law
Granted by the Order of the Romanian Minister of Education no 166 from 7 April 2014
2012 – 2014 – Master of Studies in International Human Rights Law
University of Oxford
Oxford, United Kingdom
For this programme of studies, I was granted a full Clarendon Fund scholarship.
Clarendon Fund is an organization financed by Oxford University Press.
July – August – 2009 – Summer School „Introduction to International Human Rights:
Theory, Law and Practice”
London School of Economics and Political Science
London, United Kingdom
July – August – 2006 – Summer School „Legal Methods: Introduction to U.S. Law”
Institute for U.S. Law, George Washington University,
Washington D.C., United States of America
2000 – 2001 – Inter-University Diploma of 3rd cycle „Droits Fondamentaux”
University Paris X Nanterre – Nantes University
2000 – 2001 – University Diploma in Franco – Romanian Business Law
University Paris I Panthéon – Sorbonne – University of Bucharest
April – June – 2000 – Traineeship at the Council of Europe, Human Rights Directorate
Strasbourg, France
1997 – 2000 – PhD studies in Law (and PhD Diploma)
University of Craiova, Romania
February 1999 – Study visit to the European Court of Human Rights
1994 – 1998 – Graduate Studies in History and English Language
University of Craiova, Romania
1993 – 1997 – Graduate Studies in Law
University of Craiova, Romania
1989 – 1993 – Nicolae Bălcescu (Carol I) High School
Craiova, Romania
Judicial activities
I have been a practicing lawyer since 1998, at the beginning in the Mehedinti Bar Association and, after the final examination, in the Dolj Bar Association.
I am a partner in “Raduletu & Gherghe” Law firm since 2002.
Since 2018 I am a practicing lawyer on the List of Counsel of the International Criminal Court.
I have represented clients as a counsel in cases before Romanian courts, including the High Court of Cassation and Justice, the highest national jurisdiction, and the Constitutional Court.
I have also gained extensive experience before the European Court of Human Rights where I represented applicants as a lawyer in cases such as Patrascu v Romania (application no.7600/09, judgment from 14 February 2017), Contoloru v. Romania (application no.22386/04, judgment from 25 March 2014), Hogea v. Romania (application no. 31912/04, judgment from 29 October 2013), Viasu v. Romania (application 75951/01, judgment from 9 December 2008), Mircea v. Romania (application no. 41250/02, judgment from 29 March 2007) or Ionescu v. Romania (application no.38608/97, judgment from 2 November 2004).
I am a member of several famous professional organisations: European Criminal Bar Association (ECBA) and International Criminal Court Bar Association (ICCBA). In this capacity I had the opportunity to participate to conferences, courses and trainings and I met other lawyers from different countries with interest in European criminal law, international criminal law and the rights of the persons involved in criminal proceedings.
In June 2017, I was a trainee in judge Cristopher Vajda’s chambers at the Court of Justice of the European Union in Luxembourg.
In May 2019, I participated at an advocacy training, organized by the International Criminal Court Bar Association at the International Criminal Court headquarters in the Hague.
In 2001 – 2002, I was employed by the Council of Europe and assigned at the Registry of the European Court of Human Rights, as a lawyer. In this capacity, I assisted the judges of the Court in different cases before them, I conducted many researches of the case-law of the Court on different articles of the Convention, I wrote reports on comparative law, I worked with the lawyers or the Registry and I wrote drafts of decisions and judgments (both in repetitive and complex cases) under their supervision.
Academic legal teaching and supervising activities
In 2015, I became a professor at the Law Faculty of the University of Craiova, Romania. In this capacity, I have taught a course on Fundamental Freedoms and a course on General Criminal Law. I also taught in some periods of my academic career a course on Constitutional Law and a course on the Procedural Rights under the European Convention of Human Rights.
In 2014, I was granted the certificate of habilitation and the right to supervise PhD theses in Law. Since then, I am a member of the Doctoral School of my faculty and I supervise PhD theses in human rights law.
I started my academic career in 1997 at the Faculty of Law of the University of Craiova and I was a teaching assistant (1997-2001), tutor (2001-2002), lecturer (2002 – 2008), assistant professor/reader (2008-2015) and professor (from 2015). In 2014-2015 I was a vice dean of the Faculty of Law.
In 2019, I trained a team of students from the Law Faculty of the University of Craiova, team who acceded to the final phase of the student international criminal law competition called Nuremberg Moot Court.
In 2015-2018, as a Farthing scholar and later as a retained lecturer at Pembroke College, University of Oxford, I taught tutorials in English Criminal Law to undergraduate students of several colleges of the University of Oxford (Merton, St Anne’s, Pembroke and Lincoln).
Since 2015, I am a visiting professor at HEC Management School Liège University. In this capacity, every year I teach a 30-hours course on Public Law to the students of the Master programme „Public Management” organised by Ecole Supérieure de la Francophonie pour l’Administration et Gestion (ESFAM) Sofia. ESFAM is an academic institution sponsored by the Francophone University Agency (AUF). Liège University, where I am a visiting professor, is partner in this academic project together with other famous francophone universities such as University Paris 1 Sorbonne, University of Nantes or Lumières University Lyon 2. The students come to ESFAM from different francophone countries of Europe, Africa, Asia and America.
Scientific research activities
As an academic and a practicioner, I have written, as a author or coauthor, different scientific papers in various branches of law, such as human rights law, criminal law, criminal procedure or constitutional law. About 30 of them deal with human rights issues.
I am a founding member of the Craiova Fundamental Law Research Center, established in 2006 at the Faculty of Law. Since 27 february 2007, this research institution is sponsored by the Romanian Academy.
I am also a member of the European Criminal Law Academic Network (ECLAN), an academic European network with an intense activity in the field of European criminal law.
Since 2022, I am a corresponding member of Romanian Academy of Juridical Sciences.
I am a contributor to several national and international law journals (Revista de Drept Public, Revista Română de Jurisprudență, Pandectele Române, International Journal of Transitional Justice).
Since 2015, I am a doctoral student at the Faculty of Law of the University of Oxford with a thesis on Corporate Criminal Liability under European Union Law. This thesis is almost completed and I will submitt it in in May 2023. For this research programme, I was granted a full Farthing scholarship by the Pembroke College and the University of Oxford. My supervisor in professor Rebecca Williams.
In February – March 2018, I was a visiting scholar at Columbia Law School, New York City, United States of America, where I participated to seminars and workshops, and I presented my research during a conference. I also conducted research in corporate criminal liability under the supervision of professor Daniel Richman, one of the best American lawyers in this field of law, a former federal prosecutor.
In August – September 2012, I was a visiting scholar at Queen Mary School of Law, University of London where I conducted research in human rights law under the supervision of professor Merris Amos, the author of numerous books and articles in this field of law.
I was also a member or a manager in various research projects both at national and at international level, including an Erasmus + project. Some of these research projects covered human rights issues such as the exception of unconstitutionality or the right to identity and the policies of social inclusion.
FinalIy, I participated in many conferences on human rights issues where I presented my research on various topics in this field of law.
Selected Publications
Author of an in-depth commentary on Article 5 of the European Convention of Human Rights, publishes by Dreptul – a renowned Romanian legal journal – in four issues, from December 2022 to April 2023;
Author of the article:
National Prosecutions as the Main Remedy in Cases of Massive Human Rights Violations: An Assessment of the Approach of the European Court of Human Rights, International Journal of Transitional Justice, 2015, 9, 449-468 (ijtj.oxfordjournals.org), Oxford University Press;
This article was cited in important international journals, including Yale Journal of International Law in 2020 (in the article „When Prosecution is Not Enough: How the International Criminal Court Can Prevent Atrocity and Advance Accountability by Emulating Regional Human Rights Institutions”, authors J.L Cavallaro and Jamie O’Connell).
Author of the article:
The Right of Members of the Clergy to Form and Join Trade Unions and the Autonomy of Religious Organizations—a Recent Case of the European Court of Human Rights, Oxford Journal of Law and Religion, volume 3, issue 1, February 2014, 168-172 (ojlr.oxfordjournals.org), Oxford University Press
Co-author of a commentary on articles 31 and 88 – 93 of the Romanian Code on criminal procedure, which is included in the book edited by Mihai Udroiu, entitled Codul de procedură penală. Comentariu pe articole (The Code of criminal procedure. Commentary by articles) C.H.Beck Publishing House, 2017 and 2020 editions.
Author of the article:
Protecția dreptului de proprietate prin jurisprudența constituțională în perioada interbelică,
(The Protection of the Property Right in the Constitutional Jurisprudence during the Interwar Period)
Revista de științe juridice nr.2/2018;
Author of the article:
Investigatorii sub acoperire şi dreptul la un proces echitabil – regulile generale stabilite în jurisprudenţa Curţii Europene a Drepturilor Omului, (Undercover investigators and the right to a fair trial – general rules established in the jurisprudence of the European Court of Human Rights) Revista Pandectele Române nr. 4/2011, Ed. Wolters Kluwer, Bucureşti, ISSN – 1582-4756
Author of the article:
Limitele libertăţii de exprimare în jurisprudenţa Curţii Constituţionale a României, (The limits of freedom of expression in the jurisprudence of the Romanian Constitutional Court) Revista Pandectele Române nr. 8/2011, Ed. Wolters Kluwer, Bucureşti, ISSN – 1582-4756
Co-author of the article:
Procedura afacerilor «pilot» şi aplicarea acesteia în cauzele Curţii Europene a Drepturilor Omului cu privire la România, (The „pilot” case procedure and its application to the cases of the European Court of Human Rights regarding Romania) Revista Pandectele Române nr. 2/2011, Ed. Wolters Kluwer, Bucureşti, ISSN – 1582-4756;
Co-author of the article:
Comentariul hotărârii din 27 ianuarie 2009, pronunţată de Curtea Europeană a Drepturilor Omului în cauza Tătar contra României, (Commentary on the judgment of 27 January 2009, delivered by the European Court of Human Rights in the Tatar case against Romania) Revista Română de Jurisprudenţă nr. 4/2009, Ed. Universul Juridic, Bucureşti, ISSN – 1844-6450;
Co-author, together with Dan Claudiu Dănișor, of the article:
Comentariul Deciziei Curţii Constituţionale nr. 62 din 18 ianuarie 2007, (Commentary of the Decision of the Constitutional Court no. 62 of 18 January 2007), Revista Curierul Judiciar nr. 3/2007, Ed. C.H. Beck, Bucureşti, ISSN 1582-7526;
Author of the article:
Câteva consideraţii privind dreptul la asistenţă juridică al persoanelor reţinute sau arestate preventiv, (Some considerations regarding the right to legal assistance of persons detained or arrested on remand) Revista Română de Drepturile Omului nr. 23/2002, Ed. All Beck, Bucureşti, ISSN – 1844-6450
“Quelques considérations critiques sur l’arrêt du 31 janvier 2012, prononcé par la Cour Européenne des Droits de l’Homme dans l’affaire Pastorul cel Bun c. Roumanie” („Some critics of the judgement from 31st January 2012, issue by the European Court of Huma Rights in the case Pastorul cel Bun v. Romania”),
Revista Pandectele Române, nr.11/2012, pag. 23.