Accente critice privind noul cod de procedură civilă faţă de protecţia drepturilor omului
Critical remarks on the new Code of Civil Procedure and the protection of the fundamental human rights

Summary/Abstract: The New Code of Civil Procedure took the components listed in article 6 of the European Convention on Human Rights as well as the independence and impartiality of the judiciary, the advertising of debates, the right to defense, the right to a fair trial and to the resolve of the case within a reasonable time, all representing guarantees for the promotion of fundamental human rights. But legislative reforms cannot be dissociated from the predictability of the legal act and thus raise the issue legal stability. Tendency to simplify procedures is applied in some cases by sacrificing the fundamental rights of the parties, as enshrined in the principles of civil law and as claimed by the preliminary title of the new civil procedure code. It is true that the texts that enshrine these rights provide exceptions from these principles in cases where the law states otherwise, only that the excess of exceptions and the severity of their consequences in the contents of the present procedure are liable to devoid the principles of their content and to violate the fundamental human rights, thus questioning the citizen trust in justice. Thus, some provisions of the new code of civil procedure significantly limit the principle of publicity which has a constitutional and international value and therefore, the abandoning of this principle, even partially, cannot be put into question.

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