Accesul la justiţie din perspectiva principiilor care guvernează căile de atac în procesul civil
Access to justice from the perspective of the principles governing appeals in the civil process

Summary/Abstract: Consequently, the European Court of Human Rights has established, without a doubt, the fact that from the perspective of art. 6.1. of the Convention, access to justice in civil matters is limited to the obligation of the state to ensure the guarantees of art. 6.1 to a court competent to judge on the merits, having full jurisdiction, while in respect of an appeal, it will benefit from the same guarantees, only to the extent that the legislator establishes the possibility to exercise an „appeal” in wide sense. Applying the reasoning in reverse, when the legislator does not provide an appeal against a court decision, simply eliminating it, the guarantees of access do not apply, as the appeal is not provided by law.The principles governing the means of redress, that of predictability, legality and uniqueness largely reflect the will of the legislator to ensure guarantees of effectiveness in exercising judicial control over judgments, ensuring the premises of a fair trial in a broad sense, not only at the stage of background of the civil process, but also where the possibility is provided to formulate an appeal against them.

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