DESPRE O INIŢIATIVĂ INTERESANTĂ ŞI UTILĂ DE MODIFICARE A LEGII DE ORGANIZARE JUDICIARĂ ŞI A CODULUI DE PROCEDURĂ CIVILĂ
ABOUT AN INTERESTING AND USEFUL INITIATIVE TO AMEND THE LAW ON JUDICIAL ORGANIZATION AND THE CODE OF CIVIL PROCEDURE

Summary/Abstract: In this approach, the author makes a brief review of the legislative proposal to supplement the Law on the Judicial Organization and the Code of Civil Procedure, regarding the method of resolving unsubstantiated requests or having a harassing or denigrating content or requests that have been subjected to a previous analysis. The proposed regulation, without representing a true regularization procedure, has some interferences with the standardization laid down in Article 200 of the Code of Civil Procedure. Therefore, the author considers that the legislative proposal analyzed could be a good opportunity to reconsider the regularization procedure. The proposed regulation also includes innovative solutions for resolving appeals, second appeals and other means of challenge in those situations where their exercise is inadmissible. The initiator's approach is also welcome this time, being meant to contribute to the decongestion of the courts of the settlement in the ordinary procedure of some practically inadmissible means of challenge. The closing solution proposed by the initiator is also, in the author's opinion, a much simpler and informal procedural way of resolving requests or means of challenge that do not involve a trial on the merits and that have been long and unjustifiably burdening the dockets of the courts of law. The legislative approach analyzed is considered particularly useful both from the perspective of significantly decongesting the docket of the courts of law, and of rationalizing the budgetary expenditure allocated to justice.

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