Principiul dreptului la un proces echitabil, în termen optim şi previzibil, potrivit Noului Cod de Procedură Civilă şi contenciosului administrativ

Abstract

The New Civil Procedure Code, inspired from article 6 of the European Convention on Human Rights, provides that everyone is entitled to a fair hearing within a reasonable time by an independent and impartial tribunal established by law and the court should provide against the breach of this principle by taking all legal actions. In case of legal proceeding, a part of the administrative relations between the authority and the legal or natural persons are also under the force of this principle. The European Court’s jurisprudence determines the field of this principle by the definition of the notion ‘civil’. In order to ensure the celerity of the administrative proceedings the New Civil Procedure Code provides the possibility of the parties to stand before the court requiring the protraction of the trial.