The Romanian dispute resolution framework is currently experiencing one of the most significant, substantial and extensive reforms of the last century, due to the recent enactment of the new Civil Procedure Code alongside a new Civil Code already in force; the enactment of new Criminal and Criminal Procedure Codes is also being prepared. The reform seeks to put in place a legal framework able to answer the needs of contemporary developments of societal relations, with a clear view to coordination with EU law essentials.
High expectations are placed on the system’s ability to absorb the new provisions aimed at speeding up trials, and avoid future allegations of systemic failure to settle disputes within ‘a reasonable time’. Particular applications of the legislator’s need for acceleration of trial proceedings include newly instituted duties of the judge to develop a written correspondence with the claimant in order to ensure the fulfilment of all validity requirements concerning his or her application, and then to coordinate the submitting of the parties’ written materials and the organisation of the hearing within a very strict time frame.
Reproduced with permission from Law Business Research Ltd. This article was first published in The Dispute Resolution Review, 6th edition (published in February 2014 – editor Jonathan Cotton).