Observatii cu privire la conditiile de invocare a exceptiei de necompetenta în proiectul noului cod de procedura civila
Observations regarding the conditions for invoking the objection to jurisdiction in the draft new civil procedure code

Summary/Abstract: The draft new Civil Procedure Code, currently under parliamentary debate, proposes numerous regulations containing new elements in the field of jurisdiction. One of the most significant novelties refers to the much more rigorous conditions under which the public order objection to jurisdiction can be invoked, both by the parties and by the court ex officio. Thus, according to art. 122, paragraph 1 of the draft code, “The public order objection to jurisdiction may be invoked by the parties or by the judge at the latest on the first hearing to which the parties are legally summoned before the court on the merits.” The constitutional and conventional right of the parties to obtain the hearing of their case within a reasonable time (art. 21, paragraph 3 of the Constitution, art. 6, paragraph 1 of the European Convention on Human Rights) is not compatible with the possibility of a late (and often dilatory) allegation of the objection to jurisdiction directly in the stages of appeal, after an independent and impartial court has already adjudicated on the merits of the case The limitation in time of the possibility to invoke the public order objection to jurisdiction is also justified for ensuring the relief of jurisdictions and last, but not least, it is required for making accountable both the parties and the court of law in relation to the correct qualification of the legal nature of the litigious legal relation and the correct establishment of jurisdiction, as the first logical operation involved by hearing a case.

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