The Constitutional Principle of Equality and Equality Before Justice Cover Image

Principiul constituțional al egalității și egalitatea în fața justiției
The Constitutional Principle of Equality and Equality Before Justice

Author(s): Nora Andreea Daghie
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: Equality; Procedural Rights; Equality of Arms; Balance; Nullity;
Summary/Abstract: Equality before justice derives from the constitutional principle "equality in rights" (art. 16 of the Constitution) and, in essence, ensures the real guarantees for the fair administration of justice. Specifically, art. 8 of the Civil Procedure Code applies the fundamental principle of equality, referring to the exercise of procedural rights in the civil process, which is done equally and without discrimination. They are forms of manifestation of the principle of equality of the parties in justice: judging the processes, for all parties, by the same bodies and according to the same procedural rules; the recognition of the same rights to each party, in relation to the concrete case brought to trial (the right to the same evidence, the right to the same defenses, the right to the same appeals, etc.); the court's obligation to ensure a balance in the procedural situation of the parties (none of the parties benefits from a privileged situation in relation to its opponent). Disregarding the principle of equality has the effect of violating the right to a fair trial, the guarantee of compliance being the sanction of the procedural acts committed, respectively the annulment of the court decision.

  • Page Range: 40-46
  • Page Count: 7
  • Publication Year: 2024
  • Language: Romanian