ro fr
universul juridic magazin

Comparative approach on the recording of court deliberations

The result of court deliberations is recorded in written minutes, as provided by article 258 of the Civil Procedure Code, the rule being also maintained by article 395 of the New Civil Procedure Code. In this manner, the settlement of the dispute is established as final. The minutes include the compulsory mentions provided by article 258 of the Civil Procedure Code, being identical to the conclusion of the decision, and is signed by the judges involved in the deliberation The obligation to draft minutes is not set forth in all the law systems. In Quebec, Belgium or France, no minutes are drafted, and the settlement of the case is established as final upon the drafting of the decision and the presentation of its grounds. However, in Armenia, the settlement of the case is announced by the judge after deliberation, such announcement is recorded in minutes, whereas the decision is drafted at a later time. The system adopted by the Romanian lawmaker, within which the final settlement of the case is recorded in minutes, has both advantages and disadvantages and is not very common in the law systems of Western Europe. De lege ferenda, in complex cases (the complexity being established at the court’s discretion, on a case by case basis), the obligation to draft minutes should be waived, and the settlement of the case should be announced on the same date when the court decision is drafted.