Access to justice in order to protect the right of property
Access to justice in order to protect the right of property

Summary/Abstract: The right of access to court is a distinct right established by the European Court of Human Rights in its case law and requires not only the right of a plaintiff to formally initiate the civil lawsuit but also the right that de facto and de jure issues concerning its civil rights and obligations to be reviewed in substance by the court, as well as the right to obtain the execution of the final court decision (and irrevocable). The conditions of admissibility of an action will be analyzed from the perspective of the right of access in relation to the prior administrative procedure provided by the Law no. 10/2001 on res judicata or on the prescription institution. At the end of this article there will be made some remarks on the limitations of the right of access to court in terms of legal taxes or procedural deadlines for an action. Also, references will be made on grounds which may justify the failure of a final court decision as analyzed by the European Court of Human Rights.

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