Caracterul efectiv al accesului la justiţie în procesul civil prin prisma deciziilor Curţii Constituţionale

Jud. drd. Olivia-Adriana ARGINTARU

ABSTRACT

This study aims to analyze both theoretically and practically the effectiveness of access to justice in civil proceedings, in a real and non-illusory way, in the light of the case law of the Constitutional Court, and whenever appropriate, with references to European rules and case law. We first addressed the conditions of the effectiveness of access to justice in civil proceedings, then the real access to justice in the context of various judicial procedures (low value claim, payment order, provisional suspension of forced execution, request for public judicial aid, securing evidence, institution of legal advice and special guardianship), and then the real access to justice for contesting certain legal acts (deeds, administrative acts issued in order to implement some measures during the state of alert, pursuant to Law no. 55/2020,...