Brief considerations on the impact of the European Convention on Human Rights on the Romanian civil trial
Brief considerations on the impact of the European Convention on Human Rights on the Romanian civil trial

Summary/Abstract: The new legislation concerning the Romanian civil procedure law presents new elements relating to its application, institutions and principles that are introduced and, as a consequence, certain institutions and principles of law that we were used with, are eliminated. The European Convention on Human Rights contains several rules in this matter, rules that are tools through which the European Court attempts to find a fair balance between the various rights and interests involved in this issue. The aspects which will be analyzed concern in particular the changes of the administrative courts’ competence in case of some special laws, the possibility of a counterclaim only along with the reception under the pain of loss of that right especially in relation to the facets of the right to a fair trial from the European Convention on Human Rights in civil matters, they concern the appeal of enforcement, aspects of the summons warranty filed by plaintiff, elimination of the special procedure of disputes between "professionals" and the interferences between fundamental rights and arbitration as an alternative jurisdiction of private nature.

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