Legal issuе: constitutionality of rules which permit the closure of criminal case due to the adoption of a law which  decriminalised the pertinent offence, but do not require the consent of the person  concerned, given that such person objects against the closure of the case without judicial review of the legality and justifiability of those suspicions or charges that have been brought against him.

Ratio decidendi:  the rules in dispute do not correspond to the Constitution to the extent in which they deprive such person of the possibility to challenge in court the justifiability of those procedural decisions in which suspicions and accusations against him have been set out. The federal legislator must make amendments to current legislation on the basis of this Judgment.