Abrogarea procedurii de filtru în recursul civil

dr. CLAUDIA ROŞU

Prof. univ. - Facultatea de Drept, Universitatea de Vest din Timişoara

ABSTRACT

The study analyzes the opinion on the repeal of the filter procedure when the review in the civil trial is within the competence of the High Court of Cassation and Justice. The author presents the analysis of the manner the filter procedure was regulated by the Law No 134/2010, the Civil Procedure Code and the arguments for which it considers that the repeal of this procedure is not justified. The result of the study is reflected in the opinion according to which the filtering procedure had to be maintained, for the settlement of the reviews in the civil trial, by the supreme court. The filter procedure was first introduced in the civil processual legislation by the Government Emergency Ordinance No 58/2003. Those provisions introduced a new procedure of settlement of the review, irrespective of the court which settled the review, that of the...