Excesul de putere al Curţii Constituţionale: neconstituţionalitatea dispoziţiilor art. 524 alin. (3) C. pr. civ. referitoare la competenţa de soluţionare a contestaţiei privind tergiversarea procesului

Prof. univ. dr. IOAN LEŞ

Vicepreşedinte - Academia de Ştiinţe Juridice din România

ABSTRACT

The new Civil Procedure Code, under the impulse of the case law of the European Court of Human Rights, has established for the first time, in the Romanian law, a procedural means intended to be an effective remedy for unjustified tendencies to delay trials: the contestation regarding the delay of the trial. The present approach was occasioned by a recent decision of unconstitutionality regarding the application of the provisions of Article 524 (3) of the Civil Procedure Code. In the introduction of this study, the author makes a general delimitation of the contestation by other procedural means, stating that it can be qualified neither as means of appeal, nor as a civil action or as a special...