Eficacitatea ajutorului public judiciar. Probleme teoretice cu aplicabilitate practică

Nonu-Gheorghe PUŞCARIU

ABSTRACT

In order to ensure that any litigant has the right to a fair trial and a free access to a court, the Romanian legislator has regulated, among other European Union countries, the legal aid.

The aim of this study is to analyse, whether this regulation is effective or not. Any difficulty, starting from interpretation issues, to regulation “loopholes", may and will affect the decisions of the national courts. Therefore, our purpose is to highlight some of these drawbacks and to emphasize the consequences that will influence both parties.

The study is divided into three main chapters having the same finality - the effectiveness of legal aid. The first chapter tries to describe the national regulation and the main disadvantages grouped into nine subchapters, in a logical sequence. The next section is an extension of the first one, but in a supranational framework. Some of the...