Abstract

The chapter provides a critical analysis of civil litigation in Romania with a perspective on the recent procedural reforms. An essential characteristic of the modern Romanian Civil Procedure, discussed in this chapter, is the active role of the judge, a principle that has enjoyed a great deal of recognition in doctrine and has been deeply entrenched in the judicial culture and practice. The Romanian New Code of Civil Procedure provides an express legislative recognition of fundamental principles of procedure that have been developed by doctrine and sanctioned to a large extent by jurisprudence. Despite the comprehensive proclamation of these principles, the New Code of Civil Procedure departs from the application of the stated principles by way of its concrete provisions. A recurring theme behind the legislative reform of Romanian civil procedure is the need for greater efficiency and avoiding undue delays. Significant changes introduced in the fields of mediation and the administration of evidence by attorneys have had a limited impact on the overall system of civil litigation.

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