7. Constatarea de către Curtea Europeană a Drepturilor Omului a încălcării dreptului la un proces echitabil din perspectiva nerespectării termenului rezonabil de soluționare a unei cauze. Revizuire
7. The European Court of Human Rights findings of the infringement of the right to a fair trial from the perspective of the non-observance of the reasonable settlement deadline of a case. Revision

Summary/Abstract: The existence of a finding of the European court regarding an infringement of the parties’ right to a fair trial from the perspective of the duration of judicial proceedings cannot actually provide the opportunity for the parties to request the revision of the court order ruled by infringing the right provided by art. 6 para. (1) of the Convention. In this case, the conditions of admissibility are not cumulatively met for the application for revision from the perspective of art. 322 item 9 of the Code of civil procedure of 1865, as the other two exigencies of the rule cannot be verified, respectively the continuity of production of serious consequences of the identified infringement and the successive exigency of the need for its remedy only through the revision of the court order. Consequently, in the given situation, the admission of the application for revision cannot provide a better situation to the parties in the light of the duration of judicial proceedings, as compared to that duration prior to ruling a judgment whose revision is claimed. Thus, it could be reached an effect contrary to that considered by the Romanian lawmaker when it regulated this ground for revision.

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