THE FRAGILE BALANCE BETWEEN CELERITY AND THE GUARANTEE OF PROCEDURAL RIGHTS IN MODERN CIVIL JUSTICE
THE FRAGILE BALANCE BETWEEN CELERITY AND THE GUARANTEE OF PROCEDURAL RIGHTS IN MODERN CIVIL JUSTICE

Summary/Abstract: The article explores the complex dynamics between the requirement of celerity in civil justice and the fundamental need to protect the procedural guarantees of litigants. Amid pressure to ensure a quick and efficient trial, the Romanian judicial system faces significant challenges. The analysis focuses on the recent evolution of civil procedural legislation, its fundamental principles and the impact of the conflict between efficiency and safeguards. The article argues that while mechanisms to speed up the process are essential, they must not undermine the right to a fair trial, an adequate defence and access to justice. A case study on the evidentiary regime illustrates the tensions and possible solutions in this delicate balance.

• Details
• Contents