Reforming the Trials’ Procedure in the New Civil Procedure Code
Reforming the Trials’ Procedure in the New Civil Procedure Code

Summary/Abstract: During the evolution of Romanian civil procedure legislation, and especially during the one of the civil Procedure’s Code, we are able to distinguish some changes of substance once every post-December decade. This fact might not be a hazard, we think. Yet, this status of things might mean “normality”, for a matter which is especially sensitive in regard to successive modifications, the impact of which is directly suffered by the recipient of the modified norm and which almost always means a new reconfiguring of the trials’ circuit. The modifications made in 1993, 2000 and 2010 were important moments in modernizing our civil procedure and in going through an undoubtedly necessary, but also reasonably laid in time reforming process, so that its practical impact could be monitored and evaluated. The project of the new Civil Procedure Code is proposing solutions which are obeying to the objectives aimed to by all the previous interventions of the legislator, which were not always successful. They especially focused on a reasonable shortening of trials’ duration and on creating some suitable procedure mechanisms able to avoid, for a same matter, the appearance of practice lacking unity. The dispositions of the New Civil Procedure Code in matters of procedure do generally respond to the necessity of solving the trial with celerity and, as the newest request, predictability to be ensured for judicial procedure.

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