Soluționarea procesului judiciar în mod echitabil și într-un termen rezonabil – garanții ale accesului liber la justiție
Solving the judicial trial fairly and within a reasonable limit of time – guaranties of the free access to justice

Summary/Abstract: Free access to justice, laid down in art. 21 pars. 1 and 2 in the Constitution, can only be achieved by solving the judicial trial fairly and within a reasonable time limit. The provisions in the European Convention on Human Rights were adopted in the Constitution of Romania, with the revision thereof, where art. 21 par. 3 provides that “parties shall be entitled to a fair trial and a solution of their cases within a reasonable term”. In order to solve the trial within a “reasonable term”, beside the procedural and the substantial law regulations, regulations referring to the organizational and functional activity of the courts are also necessary, such as to implement in practice the requirement of free access to justice. According to the authors, the repeated deficiencies found with the activity of the courts, as far as the fair solution and the reasonable term are concerned, determined the law-maker to put the powers of organizing and administrating justice, which previously used to belong with the Ministry of Justice, under the competence of the Superior Council of the Magistracy.

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