Despre utilitatea reglementării unei proceduri simplificate de judecată în dreptul procesual civil
About the usefulness of regulating a simplified court procedure in the civil procedural law
Author(s): Ștefan-Alexandru Toma, Răzvan-Ionuț PricopSubject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: simplified procedure; right to a fair, timely and predictable trial; the principle of availability; oral debates; standard of constitutionality; standard of conventionality;
Summary/Abstract: 7 years after the entry into force of the new Civil Procedure Code, without claiming to make an exhaustive inventory of what could partially be called a failure of regulation and/or of application, the legal institutions and the judicial procedure with a new face, perhaps even revolutionary, or those only reformed and/or refurbished regulated by the new Civil Procedure Code have demonstrated successively or simultaneously their insufficiency or inefficiency, some being dysfunctional due to their own internal causes, others due to external causes referring, as a rule, to the absence of the adequate human, material and financial resources or simply as a result of the deformation by acclimatization by the courts, parties and participants in the civil trial, the examples being numerous. Under these circumstances, the necessity to regulate within the new Civil Procedure Code of a simplified court procedure results from the very materiality of the facts. The specificity of this simplified court procedure would be that it would imply to exclusively go through the written stage of the civil trial, possibly of a written stage more extensive than the current one regulated by Article 201 of the Civil Procedure Code, at the end of which the date of pronouncing the judgment will be established by administrative resolution. In this way, the duration for solving some cases with a medium or low complexity would be significantly shortened, by eliminating the time period between the date of completion of the written stage and the first trial term.
Journal: Revista „Dreptul”
- Issue Year: 2020
- Issue No: 09
- Page Range: 86-107
- Page Count: 22
- Language: Romanian
- Content File-PDF