Remedii privind durata procedurilor în procesul civil din România

Abstract

The article examines the available remedies concerning the excessive length of proceedings in the Romanian law, in relation to the recommendations of Council of Europe bodies. Available remedies should be classified as: a) preventive measures, known also as ante-factum remedies, such as judicial policy measures meant to avoid procedural delays, and b) postfactum measures, available for the parties, when procedural delays have already occurred. With respect to the ante-factum measures, although the Romanian law provides for some measures (such as taking evidence through attorneys-at-law and mediation), it appears necessary that these measures should be integrated in a unitary policy, in order to approach all aspects of the procedural delay phenomenon. Concerning the post-factum remedies, the European Court for Human Rights and the European Commission for Democracy through Law (Venice Commission) recommended the states to include in their legislation a special acceleratory remedy, by which the parties should be able to ask for the finalization of the procedure within a predictable time-line. As such a remedy is not available in Romania new legislation would be needed in order to introduce this procedural mean, in parallel with an action for damages.

Keywords

• remedies
• lenght of procedures
• european convention for human rights
• fair trial
• reasonable delay.