Cererea de reexaminare formulată împotriva încheierii prin care se soluționează cererea de ajutor public judiciar nu suspendă obligația reclamantului de a achita taxa judiciară de timbru
The request for review filed against the ruling on the request for public legal aid does not suspend the claimant´s obligation to pay the stamp duty

Summary/Abstract: The protection granted by the legislator to the claimant must be in line with the principle of conduct of proceedings within a reasonable time set out under Article 21 of the Constitution of Romania, as well as under Article 6 of the European Convention on Human Rights, and especially with the right to a fair trial handled within an optimal and predictable time, provided under Article 6 of the Civil procedure code. For this reason, the suspension of the claimant´s obligation to pay the stamp duty until a court rules on the claimant´s request for public legal aid is in line with the right to a fair trial. However, it would go against the right a trial handled within a reasonable, and therefore optimal and predictable time, if the obligation to pay the stamp duty were to be suspended until a ruling was given on the request for review filed against the ruling on the request for public legal aid. Therefore, the request for review filed against the ruling on the request for public legal aid does not suspend the claimant´s obligation to pay the stamp duty, the claimant incurring the obligation to pay the stamp duty at the latest after the ruling on the request for public legal aid has been communicated.

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