Articolul 6 din conventia europeanã a drepturilor omului - exigenta publicitãtii si standardul noului cod de procedurã civilã în materie
Article 6 of the European Convention on Human Rights – publicity requirement and the standard of the new code of civil procedure in the matter
Author(s): Madalina JebeleanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: principle of publicity; New Code of Civil Procedure; article 6 of the European Convention on Human Rights; public hearing; closed hearing in the council chamber; secret hearing; sanction.
Summary/Abstract: The study proposes an approach on the relevant issues regarding the principle of publicity of the Romanian civil lawsuit generated through the New Code of Civil Procedure, a regulatory act bringing not only a significant change in the structure of the civil lawsuit, but also more effective measures for an increased protection of the procedural rights and guarantees recognized for the participants in the proceedings. In the first part, the study approaches the standard required by the European Court of Human Rights in the matter of the right to equitable proceedings in the matter of publicity by looking over the opinion adopted by the Court as regards this aspect, and the second part examines the compliance of the standards of the Romanian civil procedural law of the future regulation, with the requirements of the Convention. At the same time, we focus on the analytical examination of the legal rules of the New Code of Civil Procedure by paying attention to the triangle public hearing-closed session in the council chamber-secret hearing, without omitting the correlations with the related legislation, namely the provisions of special laws, or the rules of procedural law of the regulatory acts of substantial nature.
Journal: Revista Română de Drept Privat
- Issue Year: 2012
- Issue No: 02
- Page Range: 151-170
- Page Count: 20
- Language: Romanian
- Content File-PDF