Accesul liber la justiție - garanția ocrotirii drepturilor civile subiective
Free Access to Justice - the Guarantee for Subjective Civil Rights

Summary/Abstract: Free access to justice, resulting from the need to protect the natural persons and their legal condition, is a fundamental right sanctioned by the Constitution and by a number of other normative acts, which is expressed through the possibility of the beneficiary to make requests towards the accredited bodies in order to obtain decisions, to the purpose of obtaining the rightful repairs. From this perspective, free access to justice is a guarantee – having the same value as a fundamental principle – for the protection and validation of subjective civil rights, without which it is impossible to imagine the existence of a modern democratic society. In our study, we have analysed a series of legal institutions, concepts, and notions based on free access to justice – as a principle and fundamental right – aiming to grasp the conditions and limitations that frame the prerogatives associated to it. Our approach is also supported by arguments in the jurisprudence of national and European Courts.

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