Regulating the Procedure of Judging the Appeal in the Civil Law Suit in the Draft Civil Procedure Code

• Main Author: Alexandrina ZAHARIA
• Format: Article
• Language: English
• Published: Danubius University 2010-11-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: appeal; ordinary appeal; request of appeal; term of procedure; due time; fair trial
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/665/602

The present study aims at analyzing the dispositions regarding the appeal, as presented in the present form of the Civil Procedure Code2, motivated by the fact that recently, the Ministry ofJustice has launched a public debate on “The strategy of developing justice as a public service 2010-2014” in which it proposes a set of measures on the functioning of the judicial system and theconsolidation of justice independence and integrity. The Ministry of Justice will advance this document of great importance for the justice, to be approved by the Romanian Government, no laterthan July, 1st 2010. The adoption of a new Civil Procedure Code was imposed by the socio- economic transformations that occurred in our country after December 1989 and by the Romanian adhesion at the EU on January, 1st 2010, as well as by the changes occurred on the international level, generated by the free movement of people and not only. In this paper we will approach a few theoretical andpractical issues related to the unitary application and interpretation of the civil procedure norms regarding the term in which the appeal can be exerted, the summoning procedure, the forms of appeal and the rules that coordinate the judging of the appeal. This objective aims at underlining the need for a better regulation of the forms of appeal in the civil law suit, reducing terms, summoning the litigant parties, so that the judging is made in compliance with the principles of the right to defense and thecontradictory principle that govern the civil law suit. By the propositions made regarding the completion of the amendment of the civil procedure norms we intend to actually enable the guaranteeof respecting the requests of an equitable law suit, from the perspective of the law suit’s duration in order for the instances in Romania not to be accused of violating article 6 of the European Convention of Human Rights. In the Romanian civil law suit, the appeal is the only ordinary means of appeal, with devolutive character, whose usual object is the control of the judgment on the cause. The draft, among other propositions, institutes the possibility that the susceptible appeal decision can be directlyappealed, only for the violation or the faulty application of the material right norms and only in case the parties expressly agree on this.