REGLEMENTAREA INCOMPATIBILITĂŢII ABSOLUTE A JUDECĂTORULUI ÎN NOUL COD DE PROCEDURĂ CIVILĂ. EXAMEN TEORETIC ŞI JURISPRUDENŢIAL
Author(s): Răzvan Anghel
REGULATING THE ABSOLUTE INCOMPATIBILITY OF THE JUDGE IN THE NEW CIVIL PROCEDURE CODE. THEORETICAL AND CASE-LAW-RELATED ANALYSIS
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: Judge’s incompatibility; Judges’ Appearance of Impartiality; retrial; extraordinary appeal; interlocutory order.
Summary/Abstract: This article describes the new rules on judge incompatibility as comprised in the new Romanian Civil Procedure Code and emphasizes the significant differences from the old regulation, related to the purpose of the new regulation, respectively to ensure judges’ impartiality and judges’ appearance of impartiality in the highest degree. It also presents the theoretical and practical problems arisen in the process of applying the new rules and the clarifications resulted from the judicial practice regarding the conditions to be met in order for the judge’s incompatibility to intervene, related to the definitions of relevant notions comprised in other legal provisions.
- Issue Year: 60/2015
- Issue No: 1
- Page Range: 40-51
- Page Count: 12
- Language: Romanian