Legea nr. 202/2010 privind unele mãsuri pentru accelerarea soluþionãrii proceselor, un pas mãrunt spre adoptarea noului cod de procedurã civilã
Law no. 202/2010 regarding some measures to accelerate lawsuits’ settlement, a small step towards the enactment of the new civil procedure code?

Summary/Abstract: Law no. 202/2010 regarding some measures to accelerate lawsuits’ settlement sets out a number of issues to ensure rapidity of conducting proceedings in civil matters. The very name of the law highlights amendments to the Civil Procedure Code, but, additionally, new rules are adopted on the procedure to ensure uniformity of judicial practice, through the appeal for the convenience of law, which shall not be reviewed in the paper hereby. Measures to be considered by the legislator as effective in ensuring the acceleration of lawsuits’ settlement allow for: citing and sending forward procedural documents, the role of the judge, development of alternative procedures, particularly facilitating access to the mediation procedure, distinction between rules of public order and rules of private order, solutions in terms of appeals and limiting the number of cassation with reference. There are also issues that do not effectively fulfil the purpose for which they were adopted, but that are requisite for reasons of legal accuracy or sound establishment of the case. These are: rules relating to correction, clarification, removal of contrary provisions or decision completion or on hearings. Some of the solutions of Law no. 202/2010 are fully taken out from the New Code of Civil Procedure, which is thus anticipated, others are adapted in order to be implemented in the current code as a whole, aiming to speed and facilitate the procedures, as prefaced by the enactment’s title.

• Details
• Contents