Apelul şi garantarea dublului grad de jurisdicţie în materie civilă, conform jurisprudenţei Curţii Constituţionale din România
Appeal and Guarantee of Double Degree of Jurisdiction in Civil Law under the Jurisprudence of Constitutional Court of Romania

Summary/Abstract: In civil law, the requirements of a fair trial guarantee exclusive access to justice, and not a double degree of jurisdiction as in criminal law. These guarantees, which form a widely accepted standard in the field of civil judicial proceedings, also confirmed by the European Court of Human Rights, are reinforced by the recent jurisprudence of the Constitutional Court of Romania which states the compulsoriness of the double degree of jurisdiction existence in this area as well, relative to the provisions of Romanian Constitution. These decisions were pronounced when considering the compliance with the legal provisions removing the means of appeal in civil litigations considered less important by the legislator. Qualifying these legislative changes as unconstitutional, the Constitutional Court of Romania changes its previous jurisprudence and interprets constitutional provisions as imposing a higher standard than international provisions in terms of fair trial guarantees in civil law, especially if considering the arguments justifying its decision.

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