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- Title
PUBLIC CHARACTER OF THE CIVIL TRIAL – BETWEEN PRINCIPLE, SYMBOLISM AND THE NEED FOR JUSTICE EFFICIENCY.
- Authors
IONESCU, Steluța
- Abstract
Undoubtedly, the public character is a defining feature of the judicial procedure established as a fundamental value and faithfully assimilated both in the law of judicial organization and in the two codes of procedure. In this aspect, traditionally, the public character of the Romanian civil trial constitutes a fundamental principle and a primary guarantee for a transparent and real justice, the public character constituting the rule, and the situations of restricting the publicity constituting the exception. As a novelty, an attempt to mitigate the public character was proposed by the civil procedure legislator who, through the Law no. 134 of 2010, advanced the rule of investigating the trial in the council chamber. Received with reservations in terms of its implementation and provoking controversy, the entry into force of the corresponding provision of the code would be successively postponed, finally culminating with the reaffirmation of the public character of the trial investigation, amendment brought by Law no. 310 of 2018, law amending the Code of Civil Procedure, adopted at the end of 2018. The subject did not remain without echo; it attracted attention and still does. The present study follows this line as well, aiming to develop a synthesis of the dimensions of this principle, in the context of the current multiple challenges and new conditions for carrying out the activity in the courts.
- Subjects
CIVIL trials; CIVIL procedure; JUDGE-made law; SYMBOLISM; CIVIL code; CODES of ethics
- Publication
Valahia University Law Study, 2022, Vol 39, Issue 1, p41
- ISSN
2247-9937
- Publication type
Article
- DOI
10.53373/VULS.2022.39.1.010