Valoarea obiectului litigiului – element important al acţiunii civile
Value of the object of the dispute – important element of the civil action

Summary/Abstract: This study examines some of the legal provisions establishing the value criterion in order to make a delimitation of jurisdiction between different courts: courts of first instance, tribunals and courts of appeal. The author noted the existence of certain inconsistencies in the use of legal expressions, such as “requests and actions”, “value of the claim”, “value of the request” or “value of the request object”. The value of the request object is an expression used by our legislation and in the field of judicial stamp duties. Furthermore, Article 483 para. (2) of the Civil Procedure Code removes the extraordinary remedy of second appeal also “in other pecuniary claims of up to RON 500,000, inclusive”. The expression is also used by Article XVIII para. (2) of Law no. 2/2013, stating that, this time, the monetary ceiling was set at the amount of RON 1,000,000. The provisions of Article XVIII para. (2) of the Civil Procedure Code were declared unconstitutional, on the essential ground that it disregards the principle of equality of citizens and limits free access to justice. The solution tends to the settlement of all second appeals by the supreme court, an important objective of a court of cassation. In this context, the author does not question the decision taken by the constitutional control court, but the consequences that it can determine, namely a cascade of pleas of unconstitutionality likely to disrupt the placement of substantive jurisdiction on the basis of the value criterion and, finally, the current organisation of the legal system itself.

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