2014

Optimal and foreseeable length of proceedings. The effect of the ECHR court decisions. Liabilities in the new civil procedure code. - Damalan Catalin Silviu
In this paper I have analyzed the impact of the vast European Court of Human Rights concerning the settlement of the case within a reasonable timeframe. Through 6 of the European Convention of Human Rights, we have presented the reasons underlying the regulation of the legal text and evolution in time. Romania, being a party to the Convention, cannot remain estranged to the developments of the Strasbourg court on a legal text which became part of Romanian law by ratifying the international instrument remembered earlier. The Lawmaker wanted to introduce these developments in the new Code civil Procedure and expressly established principle of law to an individual as his dispute to be solved optimally and predictably within a reasonable time and the evolution of regulated securities which it is applied, and, besides this principle, the work treated briefly estimation of the judge and the appeal process on delaying , representing two such guarantees .

Keywords: optimanl and foreseeable,reasonable length of proceedings,ECHR,case length assesment,delay of the case

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