Ajutorul public judiciar – garanţie de efectivitate a dreptului de acces la o instanţă de judecată
Public legal aid – guarantee of the effectiveness of the right of access to a court

Summary/Abstract: The article analyzes from the perspective of the right of access to a court, as developed in the jurisprudence of the European Court of Human Rights, the institution of public legal aid, proposing legislative changes which will ensure, on one hand, the effectivity of this right, and on the other on the other hand, limitations regarding the abuse in its exercise.The possibility of obtaining public legal aid is established by Government Emergency Ordinance no. 51/2008 is an additional guarantee of effectiveness of access to justice, being adopted to improve the system of facilities and to provide state support to persons who are parties to a dispute and are in a financial difficulty which would make it impossible of bearing the costs of the legal proceedings.Not less important is identifying what we might call „negligent conduct", an expression of the principle nemo auditur propriam turpitudinem allegans and the way in which it should be reflected even in the admissibility of a request for public legal aid, but also the establishment of some criteria for the accessibility of the legal aid procedure from the perspective of the chances of success of the summons, in order to limit the abusive exercise of the right to request financial facilities in the judicial proceedings.

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