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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