ro fr
universul juridic magazin

On procedural delays in the new Civil Procedure Code

Procedural delays represent, along with the procedural acts, the pillars supporting the entire civil trial structure. Their importance and practical knowledge decide the outcome of the entire trial. Starting with the writ of summons and ending with the last forced execution act, the parties encounter, every step of the way, procedural delays the nonobservance thereof unavoidably involves the application of sanctions. Moreover, the study also evokes the principle of trial judgment within an optimum and predictable delay, a desiderate that increasingly tends to no longer be an illusion and give substance to the unanimously admitted principles at a European level of benefiting from a fair trial, within a reasonable term. Apart from the classification and the calculation procedure of procedural delays in the Romanian civil trial, the study also focuses on the European civil trial delays, being convinced that the required knowledge on the procedures before European jurisdictions are of essence for any jurist, because the practice has clearly demonstrated that an increasing number of cases brought before national courts determine lawyers and magistrates alike to consult and confront European law and procedures.