INCOMPATIBILITY OF THE JUDGE. "THE FRIEND" FROM FACEBOOK. A NEW APPROACH OF INCOMPATIBILITY IN THE ROMANIAN CODE OF CIVIL PROCEDURE?
INCOMPATIBILITY OF THE JUDGE. "THE FRIEND" FROM FACEBOOK. A NEW APPROACH OF INCOMPATIBILITY IN THE ROMANIAN CODE OF CIVIL PROCEDURE?

Summary/Abstract: Analyzed so many times under the authority of procedural rules (those from the provisions of art. 41 paragraph 1 and art. 42 paragraph 1 points 1 13 of the Romanian Code of Civil Procedure), the incompatibility of the judge from the composition of the trial panel can be (or not) put in a new reality of our days the connection from the online environment? Despite the question (what is the role of introduction and, why not, that of defining the theme of the present article) the research aims to indicate the situations (some, obviously, in fact) in which the judge from the composition of the panel would (could) be in a situation of incompatibility that could raise doubts about his impartiality, when, alongside the party or the party's representative, he is part of the same social network and if this case should be included in point 13 of art. 42 para. 1 of the Code. Starting from the imperative "tone" of the rules of procedure and in the context of the legislator of the Code that expressly regulated the case of incompatibility from point 13, this would appear to be the correct framing of the situation containing the hypothesis under discussion.

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