HOW O.U.G. NO. 1/2016 EXCHANGED THE CIVIL PROCEDURE CODE
HOW O.U.G. NO. 1/2016 EXCHANGED THE CIVIL PROCEDURE CODE

Summary/Abstract: New Code of Civil Procedure entried into force on 15 february 2013. OnFebruary 20, 2014, Bill 28, An Act to establish the Code of Civil Procedure, was passed by theNational Assembly. All the provisions of the Code are scheduled to come into force january,2016. The Code of Civil Procedure is intended to make the civil justice system moreaccessible, while protecting the rights of all parties to state their claims before a court. Toreduce delays in the justice system, the Code gives priority to amicable dispute resolutionprocesses such as mediation, arbitration and conciliation, which are less confrontational, moreaccessible and more likely to ensure a quick outcome. Parties that opt for a traditional trial incourt must ensure that all their applications, pleadings and evidence are proportionate to thenature and complexity of the case, in order to prevent abuses of procedure. Judges will havegreater powers to manage cases, in particular to ensure compliance with the principles ofproportionality and cooperation at the heart of the Code of Civil Procedure. By Decision no.895/2015, the Constitutional Court it was declared unconstitutional the provisions of art. 666 ofthe new Code of Civil Procedure, and it appeared O.U.G. No.1 / 2016.

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