Critical considerations in connection to the postponement of the entry into force of some provisions of the Law No 134/2010 on the Civil Procedure Code, republished Cover Image
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Considerații critice în legătură cu amânarea intrării în vigoare a unor dispoziții din Legea nr. 134/2010 privind Codul de procedură civilă, republicată
Critical considerations in connection to the postponement of the entry into force of some provisions of the Law No 134/2010 on the Civil Procedure Code, republished

Author(s): Claudia Roșu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: new Romanian Civil Procedure Code; postponement for the second time of the entry into force of some legal provisions included in this Code; critical appreciation.

Summary/Abstract: This article presents the provisions of the new Civil Procedure Code whose entry into force has been postponed again, by a recent normative act. These provisions refer to: the investigation of the trial, the preliminary procedure before the appeal and recourse court, the judgments which can not be challenged by recourse and the composition of the panel of judges for pronouncing a preliminary judgment by the Supreme Court. In a criticizable manner, in the author’s opinion, the legislator has prorogued the entry into force of these provisions, initially for 1 January 2016, and then for 1 January 2017. The conclusion of the study is that the legislator should have allocated material and human resources necessary in order to create all the conditions for a full entry into force of the new Civil Procedure Code from the beginning (15 February 2013), not a partial one, being required successively (for the texts not entered into force ab initio) two postponements (1 January 2016 and then 1 January 2017).

  • Issue Year: 2016
  • Issue No: 04
  • Page Range: 9-21
  • Page Count: 13
  • Language: Romanian