Free access to justice and filing the means of challenge in the case law of the Constitutional Court on the Code of Civil Procedure

JURISPRUDENŢA CURŢII CONSTITUŢIONALE A ROMÂNIEI

Abstract

The study includes a summary of relevant decisions of the Constitutional Court in the field of civil procedure, with specific reference to free access to justice and filing the means of challenge, while attempting to capture the evolution of constitutionality review in Romania in the 30 years since the establishment of the Constitutional Court. With the perspective of three decades of constitutionality review, of the experiences determined by the transposition of European and international sources, of the tensions existing at various times between courts, both horizontally (at national level) and vertically (at national/international/supranational level), the study also invites to reflection on the balance and elegance of the approach to sensitive issues of constitutionality by professors, outstanding personalities of law, who have also served, for a time, as judges of the Constitutional Court of Romania. The first decisions of this court stand the test of time, examples of legal reasoning and veritable cornerstones for constitutionality review in Romania.

Keywords: free access to justice, means of challenge, constitutionality review, Code of Civil Procedure