Inadvertenţe procedurale privind judecarea excepţiei nelegalei compuneri a completului de judecată, a excepţiei nelegalei constituiri a instanţei şi a excepţiei de incompatibilitate
Procedural inconsistencies regarding the judgement of the exception of the illegal composition of the court, the exception of the illegal constitution of the court and the exception of incompatibility

Summary/Abstract: The right to a fair trial is a fundamental principle of civil proceedings, and can only be respected if the trial is judged by an independent and impartial court, established by law. In this context, this article points out the inaccuracies regarding the composition of the panel that judges the exception of the illegal composition of the court and, respectively, the exception of its illegal constitution, highlighting that, according to the current regulation, these incidents are judged by the court before which they are invoked (excepting the statements of abstention and the requests for recusal, regarding which art. 50 NCPC contains derogating provisions). The same procedural inadvertence occurs in the case of the exception of incompatibility – a controversial institution, whose „autonomy” is viewed with doctrinal reservations. De lege ferenda, it is necessary to amend the legal provisions on the composition of the court that judges these procedural incidents, in order to truly comply with the requirements of the imperative of impartiality.

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