On the usefulness and rationality of appeals in civil matters. A possible reform of the reform remedies
DEZBATERI
Abstract
In the first part of the present study, the author emphasizes the role of challenges in the exemplary dispensation of justice, as they are considered fundamental institutions of any judicial procedure, since they play an essential role in correcting errors of justice and preventing judicial errors. The role of procedural deadlines in the speedy resolution of civil cases is also highlighted. The author argues for better rationalisation of procedural deadlines and even for the abolition of those that can shorten the length of trials.
The author did not set out to carry out a detailed analysis of the reform means of challenge, which would not be possible in a simple doctrinal study, but to formulate some considerations regarding a possible reform in this area, in particular of the appeal, as was attempted in France with the Magendie reform. He believes that a radical reform could even lead to the abolition of appeal and the promotion of a two-tier judicial system. However, the author recognizes that such a reform could meet with significant resistance from some parts of the judiciary and the magistrates. It is therefore considered that in a preparatory or intermediate formula, a reconsideration of the reform means of challenge could be envisaged by introducing requirements or limitations leading to a legitimate and rational restriction of the exercise of such means of challenge. In addition to the introduction of financial criteria, the reintroduction, at least in part, of the filtering procedure for appeals and even the use of such a mechanism for appeals, following the model of other European countries, could be considered. Such an approach would also imply a reconsideration of the jurisprudence of the Constitutional Court on the matter.
In the final part of the study, the author also expresses some thoughts on the role of the judiciary in the exemplary delivery of justice and the role of professional training of magistrates and justice partners. Only with good professional training can magistrates perform their duties properly. These considerations are formulated by the author at a time when legal education is also going through an extensive and unprecedented crisis in the modern history of our society.
Keywords: appeal, challenge, judgment, magistrate, reasoning, second appeal, reform, judicial system, procedural deadline
