Arhitectura procesului civil, între dreptul român și exigențele dreptului European
The Architecture of the civil process, between Romanian law and the requirements of European law

Author(s): Cosmin Santi
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Sociology of Law
Published by: Ideas Forum International Academic and Scientific Association
Keywords: Constitutionality; Civil Law; The Principles of Civil Procedure; Jurisprudence; European Convention on Human Rights;
Summary/Abstract: The study analyses the fundamental principles of Romanian Civil Procedural law as essential normative benchmarks for conducting a fair trial. These principles are not only of theoretical value, but also constitute binding legal norms enshrined in the Romanian Constitution, the Romanian Code of Civil Procedure and international human rights instruments. The study highlights civil procedural principles (e.g. The principle of free access to justice, The principle of availability, Contradictoriality, The active role of the judge, Right to defence, Orality of the debates, Publicity, The principle of continuity) presented from a doctrinal, normative, and jurisprudential perspective. Special attention is paid to the European dimension of civil proceedings, with the case law of the European Court of Human Rights and the Court of Justice of the European Union imposing standards such as non-discrimination, equivalence, and the direct effect of Community rules. Thus, the national judge becomes the guarantor of the harmonization of domestic law with European law. The conclusions emphasize the importance of procedural principles as guarantees for the protection of subjective rights and for strengthening public confidence in the act of justice through transparency, impartiality, and celerity.

• Details
• Contents