Accesul universal la protecţie juridică prin intermediul justiţiei
Universal access to legal protection through justice

Summary/Abstract: Access to justice means access to protection. This protection is universal, both from the perspective of the protected subjects and from that of the object of protection. From the former standpoint, the universality of protection through justice means that citizenship can have effects when the rights conferred on its basis are actually competencies related to the privileged political connection of the individual with the state, but not in the matter of fundamental rights and freedoms (or subjective rights which represent their transposition) that lie within the sphere of freedom autonomy. From the latter standpoint, the universality of protection through justice means that protection concerns everything. Whatever the subjects believe they deserve must, in principle, be able to be protected through justice. This concerns all rights, all freedoms and all interests. Universal access to justice is, at the same time, a principle, a guarantee right and a secondary norm. As a principle, it is the efficient cause of society in its modern liberal form and the guarantee that its legal order remains just; as a guarantee right, it is a form of protection of all other rights, freedoms or interests; and as a secondary norm and fundamental right, it is a limit to the norming. The exercise of the right to freely access justice cannot be limited by any law. By providing for this, the Romanian Constitution specifically differentiates limitation from restriction. The non limitation of free access to justice refers to its universal guarantee function, to the fact that it is a guarantee of the legal universality that the rights, freedoms and interests protected by means of justice constitute, which cannot be politically traded or limited based on the prevalence of any general interest that is the result of any utilitarian calculation. The consequence is that additional conditions are imposed on state authorities, besides those that the Constitution imposes for restriction, when they are prohibited from limiting the exercise of the right to free access to justice.

• Details
• Contents