Instituții procesuale reglementate de proiectul codului de procedură civilă care asigură accesul liber la justiție
Procedural institutions regulated by the draft of the new civil procedure code providing unrestricted access to court

Summary/Abstract: Unrestricted access to court, as a basic principle of the guarantees established under art. 6 par. 1 of the European Convention on Human Rights, represents a permanent concern of the domestic lawmaker, which must adapt procedural rules, harmonizing them with the Convention principles, as developed in the case law of the European Court of Human Rights. The principle stated, which is not an absolute rule, involves a series of justified restrictions, which the States, in virtue of the margin of appreciation they benefit of, provide in their internal regulations. Nevertheless, there are situations in which the Court identified in its case law infringements of the principle of unrestricted access to court, which affects the substance of the principle itself and which should not occur in the Member States, which have committed to comply with this principle. Throughout time, the regulation of the civil procedure in our country has undergone a series of amendments, also for the purpose of fulfilling the principle in question, a real and efficient solution being the amendment of the Civil Procedure Code. The draft code brings several novelties as compared to the present regulation, structuring the civil procedure on the doctrinaire frame provided in the great specialized papers3) and taking into consideration the influences of the procedural regulations in other European countries, such as: France, Italy, Switzerland, Germany, the Netherlands etc.4) In order to fulfill the principle of unrestricted access to court, the New Civil Procedure Code brings changes to some essential procedural institutions, but also brings novelties, regulating the principles of civil action in detail, the procedure of establishing bails, the manner of formulating a summons, including by filling in a form in special procedures, such as the one related to low value claims, the regulation of aspects related to competence, remedies, enforcement. The novelties brought by the draft code mainly have in view to provide a system of clear and predictable norms, which litigants could use without an indirect restriction of their access to court, defining certain notions and regulating in detail the procedures ensuring access to court.

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