Motivarea deciziilor judiciare pronunțate în cazul unor proceduri speciale. Reflecții asupra termenului de motivare
Reasons for court decisions in special proceedings. Considerations on the term for providing reasons

Summary/Abstract: The motivation of judicial decisions in the system of civil, criminal and administrative procedures represents an essential element of the right to a fair trial, a requirement of efficient and effective justice. European law, in general, attaches cardinal importance to the right to a fair trial, which represents the cornerstone of any judicial procedure.In the first part of this study, the author provides a brief examination of the factual and legal considerations and the imperative that they be concise, yet convincing, pertinent, and adapted to the nature of the case and its complexity. The author emphasizes that the time limit for reasoning a judicial decision may be extended no more than twice, but only in well-founded cases.The second part of the study evokes the particularities regarding the motivation of judicial decisions in the case of special procedures regulated by the Code of Civil Procedure. In this context, the author notes that there are some regulations derogating from the common law regarding the motivation term in special procedures.In most other special procedures there are no derogatory rules, which implies recourse to the common law in the matter. The specifics of special procedures determine the conclusion that the reasoning of decisions must be made in such situations within the legal term, avoiding possible successive postponements.

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