Principiul liberului acces la justiţie şi dreptul la un proces echitabil

dr. FLORIN LUDUŞAN^*

* e-mail: office.cabinetludusan@gmail.com

Avocat - Baroul Mureş

RALUCA HAŢEGAN-ROZSNYAI^**

** e-mail: hategan.cabinetludusan@gmail.com

Consilier juridic

ABSTRACT

Article 5 of the Civil Procedure Code regulates the fundamental principle of free access to justice and the obligations that the legislator establishes as duty of the judge are meant to outline this principle. Free access to justice is a fundamental principle of the organization of any democratic judicial system, being enshrined in an important number of international documents, therefore it has special meanings both for procedural law and for the constitutional law.

At the same time, this principle is also reflected by Article 30 of the Law No 189/2003 on international legal assistance in civil and commercial matterswhich provides that foreign natural or legal persons have the right to formulate applications, to bring actions and to defend...