Ședința publică de pronunțare a hotărârii judecătorești în materie civilă. Analiză cu privire la natura juridică procesuală de sedință de judecată și obligația legală de înregistrare prin mijloace tehnice audio sau video
Public sitting for delivery of the judgment in civil matters. Analysis with regard to the juridical processual nature of court sitting and the legal obligation to record it by audio or video technical means

Summary/Abstract: The stages of the civil trial are: (i) the stage of referral to the court of law (written or initiating the civil trial), (ii) the stage of inquiry of the trial, (iii) the stage of debate on the merits of the trial, (iv) the stage of deliberation and (v) the stage of delivery. The accomplishment of the act of justice in civil matters is materialized through court sittings (which may be public, or in which only the parties participate, or not public, in the cases provided by law) and internal administrative stages carried out by the panel of judges (such as the checking and regularisation of the application). Publicity is a fundamental principle of the civil trial stated by the provisions of Article 17 of the Civil Procedure Code and by Article 12 of the Law No 304/2004, republished. The failure to ensure the publicity of the court sitting brings about the sanction of absolute nullity not conditioned by the existence of an injury under Article 174 (2) by reference to Article 176 point 5 of the Civil Procedure Code. The delivery of the judgment shall usually take place in public sitting, according to Article 402 of the Civil Procedure Code, or, as an exception, by making the solution available to the parties through the mediation of the registry office, pursuant to Article 396 (2) of the same Code, in the assumption that the delivery was postponed (premise condition) for justified reasons and the chairman of the panel has indicated expressis verbis this modality of putting the solution at the disposal of the parties. The delivery of the judgment, as the last processual stage, according to the Civil Procedure Code, can not take place otherwise than by means of a public court sitting, according to the principle of publicity, to which the chairman or a member of the panel of judges read the minutes, also indicating the means of appeal which can be exercised. The fact that the parties understand or not to make use of their right to appear in court (as in the case of other processual stages) does not in any way affect the obligation of the panel of judges to comply with the express provisions of the law in respect of the processual stage of delivery, since there is no such distinction in the law, and ubi lex non distinguit nec non distinguere debemus. In addition, the completion of this final stage of the civil trial is necessary for the parties to make use of their right to formulate orally the means of appeal provided by law, according to Article 126 of the Internal rules of the courts of law of 2015, concluding in this respect a minutes signed by the president of the panel and by the registrar of the sitting. To consider that the contentious procedure is conducted through court sittings only until the processual stage of the debate on the merits or that the publicity stated expressis verbis in respect of delivery means to ensure the access of the parties to the solution pronounced through the trial portal, by telephone or by other means, clearly violates the legal provisions. To argue that anyway the parties have access to the solution through the portal of the courts of law it is to consider that, since the parties may be informed about the trial terms or about the actual existence of the file by these means, it would lead to the abolition of the obligation to summon them, however such an interpretation can not be accepted. Whereas the public court sitting for delivery, as final stage of the civil trial, can not be subject to another legal regime in relation to the rest of the court sittings, the provisions of Article 231 (4) of the Civil Procedure Code with regard to the recording of the sitting shall apply in the same way, whether the parties are present or not.

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