Jurisprudența Curții Europene a Drepturilor Omului cu privire la asigurarea termenului rezonabil în procesul civil și reverberațiile acestei jurisprudențe în noul Cod român de procedură civilă
Case-law of the European Court of Human Rights on ensuring reasonable time in the civil trial and reverberations of this case-law in the new Romanian Civil Procedure Code

Summary/Abstract: This paper aims to analyze the difficulties which the Romanian judge faces, in the attempt to ensure the exigencies imposed by Article 6 of the European Convention on Human Rights in matters of reasonable time. In this regard, the paper is structured in three parts: the first part briefly presents the Court’s standard as regards the reasonable time; the second part analyzes the compatibility of an institution recently introduced in the Civil Procedure Code – the contestation concerning the delay of the trial (Articles 522–526 of the Civil Procedure Code) – to the notion of effective remedy, within the meaning of Article 6 and Article 13 of the Convention; the last part emphasizes, based on some jurisprudential examples, the risks which the national judge must manage very carefully when he tries to ensure the reasonable time: the risk of acting ultra vires and the risk of creating a non-unitary case-law, thus generating the premises of some new violations of Article 6 of the Convention.

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