Reflecții particulare asupra obiectului recursului civil
Particular reflections over the object of the civil appeal

Summary/Abstract: The article proposes an analysis of the most revolutionary solution of unconstitutionality in the civil procedure after the adoption of the new civil procedure Code, taking into account its importance which is not only doctrinaire, but mainly practical, and also its impact over the judicial activity. The Decision no. 369/2017 of the Constitutional Court regarding the exception of unconstitutionality of the expression „and also in other petitions pecuniarily evaluable up to 1.000.000 RON inclusively”, contained by article XVIII paragraph 2 of the Law no. 2/2013 concerning certain measures for reducing the activity of the judicial courts, and also for preparing the enforcement of the Law no. 134/2010 - the civil procedure Code, may be a serious reason for corresponding normative modifications and according to the spirit of this solution. The analyzed solution of unconstitutionality may create multiple practical consequences: too much activity for the supreme court, which will have to solve most of the appeals, no matter their value; the possible invoking of some exceptions of unconstitutionality regarding those procedural provisions which use the value criterion for separating judicial prerogatives etc.

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