Contestația privind tergiversarea procesului – rezolvare sau ratare?
The contestation regarding the delaying of the trial – solution or failure?

Summary/Abstract: The article analyzes the Draft amendment to the Civil Procedure Code regarding the contestation regarding the delaying of the trial and the Law No 199/2022 which has implemented the amendment. The legislator’s initiative is the consequence of the Decision of the Constitutional Court No 604/2020 which declared unconstitutional the provision of Article 524 (3) of the Civil Procedure Code, which ordered the settlement of the contestation by the same panel of judges before which it was invoked. In the Draft amendment, which has become law, the settlement of the contestation is carried out by the hierarchically superior court. The authors expressed themselves on the contrary, proposing the settlement of the contestation by another panel of the same court to ensure celerity. The authors of this study express their hope that the new regulation will make the institution of the contestation regarding the delaying of the trial become a useful tool for the cases of violation of the optimal and predictable term for solving the trials.

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