Time limit for the submission of the recourse in the regulation of Article 66 of the Law No 122/2006 on asylum in Romania. Violation of free access to justice Cover Image
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Termenul de depunere a recursului în reglementarea art. 66 din Legea nr. 122/2006 privind azilul în România. Încălcarea liberului acces la justiție
Time limit for the submission of the recourse in the regulation of Article 66 of the Law No 122/2006 on asylum in Romania. Violation of free access to justice

Author(s): Alexandra-Iulia Raicu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: asylum seekers; time limit for recourse; pronouncement; violation of free access to justice

Summary/Abstract: By the provisions of the Law No 122/2006 on asylum in Romania, as amended and supplemented, the legislator has chosen to derogate from the provisions of common law in the matter of recourse with regard to the time when it starts to run, having as starting point the moment when the judgment of the first instance court was pronounced, without having in view the presence or absence of the party concerned, as well as without taking into consideration the special situation of the asylum seekers from Romania, foreign citizens or stateless persons, most of them not speaking Romanian. This study intends to emphasize how, by this derogation from the processual civil provisions which represent the common law in the matter, it is violated the free access to justice established by the provisions of Article 21 of the Constitution of Romania, supporting the running of the time limit for recourse from the time of communication of the judgment of the court of first instance, and not from the time of pronouncement

  • Issue Year: 2017
  • Issue No: 01
  • Page Range: 176-182
  • Page Count: 7
  • Language: Romanian
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