Les recours disponibles en cas d’interruption volontaire et généralisée du service public de la justice
Remedies available in the event of a voluntary and widespread interruption of the public service of justice

Summary/Abstract: In the event of a voluntary and widespread interruption of the public service of justice by magistrates, Romanian domestic law, in violation of Article 13 of the European Convention on Human Rights, does not provide for any effective remedy to remedy alleged violations of the right of access to a court and/or the right to a trial within a reasonable time. Judicial remedies are illusory, as they require the courts to be functioning, administrative remedies are unlikely to be effective or do not ensure a fair procedure, while constitutional remedies which are independent of the courts activity (the exception of unconstitutionality raised directly by the Ombudsperson and the request to settle the legal dispute of a constitutional nature between public authorities), even if they are real remedies, are likely to remedy the victim's situation and are conducted fairly, are not effective, as they are not accessible to the potential victim.

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