Decizia RIL nr. 27/2022 cu privire la interpretarea și aplicarea unitară a dispozițiilor art. 174, art. 173 alin. (2) și art. 180 din Legea nr. 85/2014 asigură accesul la o instanță?
Does decision RIL No. 27/2022 regarding the interpretation and uniform application of the provisions of art. 174, art. 173 para. (2), and art. 180 of Law no. 85/2014 ensure access to a Court?

Summary/Abstract: After the closure of the insolvency procedure, the court and all participants who assisted in the procedure are relieved of their duties and responsibilities. Any subsequent requests involving the insolvent debtor would be handled unlawfully, with the bankruptcy judge having no authority to address any judicial requests related to the procedure, and the judicial administrator/liquidator being discharged from their duties. Therefore, to conduct any further judicial procedures that may be desired after this point, it is necessary to recreate the preconditions for civil proceedings, specifically a judicial procedure that effectively reopens the debtor's insolvency. Since, after this point, any judicial procedure against the debtor is possible, the manner in which the insolvency procedure is conducted, as established by the considerations of Decision RIL No. 27/2022, does not restrict the litigant’s right to access a court. This is a component of their right to a fair trial, as enshrined in Article 6 of the European Convention on Human Rights (ECHR).

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