Studiu de identificare a principalelor surse ale duratei excesive a procedurilor în sistemul judiciar românesc
Abstract
The article examines the main sources of the excessive length of the Romanian judicial proceedings, as identified by the Romanian judges through a nationwide questionnaire. The study identifies both the sources of and the possible remedies for the excessive length of the proceedings, including an assessment regarding the enforcement of the existing ones. Although the magistrates are aware of the significant impact the excessive length of the proceedings has on public confidence in justice, they do not always take the appropriate measures against the parties, the witnesses, the experts, the lawyers, the public authorities in order to avoid such situations. Some of those cases received the attention of the Judicial Inspection attached to the Superior Council of Magistracy and disciplinary sanctions were given by the Council. Nonetheless, the statistics shows, as a general rule, that the number of cases solved in due time is much higher than that of cases solved in an unreasonable time, but the increasing number of the incoming cases and the lack of personnel within the judiciary could lead to the conclusion of increasing the percentage of the backlogs in the near future. The impact of Law no. 202/2010 regarding some measures for accelerating the judicial proceedings is expected to reduce the number of cases, with a direct influence on reducing the length of proceedings.
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