2021
Tudor BURLACU, PhD. student, Faculty of Law, University of Bucharest, The Challenge Against the Delaying of Proceedings. Theoretical and Practical Aspects
DOI: https://www.doi.org/10.31178/AUBD.2021.17
Abstract: This article examines the legal
institution of the challenge against the delaying of proceedings, having as
premise the raison d’être of this institution. The Romanian legislator took a
first step towards conducting proceedings if not within an optimal and
foreseeable period, at least within a reasonable one, by amending the Code of
Civil Procedure to introduce the institution of the challenge meant to expedite
the conducting of civil trials. Throughout this article we will look at how the
challenge against the delaying of proceedings has been regulated, but in
particular at the problems that have arisen in practice.
Finally, several proposals de lege ferenda are put
forward, which should be implemented by the legislator in order for this legal
institution to achieve the purpose for which it has been adopted, followed by a
few conclusions reflecting the state of play of this institution, but
especially answering the question of whether the challenge against the delaying
of proceedings is an effective remedy, within the meaning of art. 13 of the
Convention, against the excessive duration of proceedings.
Keywords: Challenge against the delaying of
proceedings, speed, delay, optimal and foreseeable time, reasonable period of
time, remedy, acceleration, expedite, excessive duration
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