THE COMPLAINT ABOUT THE PROTRACTION OF PROCEEDINGS

The complaint about the protraction of proceedings (“contestaţia privind tergiversarea judecății”) has the role of sanctioning the passivity of the court of law which does not use the means necessary for correcting irregular conduct, or even worse, it disregards the legal provisions requiring a cert...

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Bibliographic Details
Main Author: Vlad-Silviu STANCIU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2015-07-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=02_privat_law%2F&download=CKS+2015_privat_law_art.042.pdf
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Summary:The complaint about the protraction of proceedings (“contestaţia privind tergiversarea judecății”) has the role of sanctioning the passivity of the court of law which does not use the means necessary for correcting irregular conduct, or even worse, it disregards the legal provisions requiring a certain conduct from the court itself. The complaint about the protraction of proceedings should not be seen as a possibility to sanction the judge empowered to solve the case. This appeal is actually a remedy provided by law, intended to correct those situations in which the court of law is causing undue delay to the cases, or even more, it doesn`t take the necessary measures for protecting the right to a fair trial within a reasonable and foreseeable time.
ISSN:2068-7796
2068-7796