Author(s): Constantin-Claudiu Ulariu,Marta-Claudia Cliza / Language(s): Romanian
Issue: 02/2023
Inadmissibility presents itself as a legal institution with a special physiognomy, being specific, above all, to the Romanian civil procedural law, there being inclusively a common practice of the courts of law for the application of this legal institution in the trials from Romania. Although it is often used at the level of judicial practice and reference is made to this procedural sanction in every valuable doctrinal work that deals with the issue of civil procedural law, there is still a certain lack of concrete explanations with regard to the legal nature, the internal resources, the legal effects and to the situations of incidence of this extremely important legal institution within the civil procedural matter. Or, this fact is likely to put the practitioners in a difficult situation, in many civil disputes, and even the specialized doctrine is not exempted from a series of hesitations in revealing the true coordinates of the sanction of inadmissibility. The rejection of an application for summons, as inadmissible, represents a risky solution, from the perspective of ensuring the fairness of the civil procedure by the courts of law, in the fundamental component of the applicants’ right to effective access to the court, established by Article 6 of the European Convention on Human Rights, a fact likely to impose particular rigor in the practical way of making the sanction of inadmissibility more effective, as well as the exigency of a full justification and reasoning, from the courts of law, of the converging legal reasons, in the sense of applying the procedural sanction of inadmissibility. Therefore, the issue of revealing the determining aspects in shaping the structure and the method of application of the institution of inadmissibility in the Romanian civil trial remains extremely important and current, with practical implications among the most concrete and important.
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