ROLUL ACTIV AL JUDECĂTORULUI ÎN CADRUL PROCEDURII DE AZIL
ACTIVE ROLE OF THE JUDGE IN THE ASYLUM PROCEDURE
Author(s): Ioana-Anamaria Filote-IovuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: active role; availability; asylum; ordinary procedure; accelerated procedure; ex officio lawyer; jurisprudential differences;
Summary/Abstract: In this study, the author aims to analyze the measures that the judge notified with an asylum complaint may order, by virtue of his active role, in order to solve such a case, limiting even the principle of availability enshrined in art. 9 C. pr. civ. However, as the judicial procedure for granting a form of protection is characterized by speed and is governed by special rules, the courts face difficulties in carrying out the task of ensuring compliance with legal requirements, in the context of the existence of divergent interpretations of the provisions on ensuring the right to defense.
Journal: Universul Juridic
- Issue Year: 2022
- Issue No: 03
- Page Range: 47-63
- Page Count: 17
- Language: Romanian