Violation of the principle of contradictoriality

The High Court of Cassation and Justice decided that the contradictoriality (“adversarial“) principle requires that all elements of the trial should be subject to debate and discussions between parties, and that each party must be able to express its opinion with respect to any element that could be related to the claim brought to the Court`s attention.

The contradictoriality concerns the relations between parties, and in this sense it is necessary for the parties to be informed with respect to the existence of a trial, the claims and arguments of the opposing party, and it also concerns relations between the parties and the court. In this regard, the High Court stated that the judge can not decide on a claim without legally summoning the party or without its presence, therefore when observing that the party missing was not legally summoned, will postpone the judgment and will order the restoration of the summons procedure. Failure to do so and solving an exception of illegality in the absence of one of the issuers of the act, attracts the pronouncement of an illegal and ungrounded rulling, that shall be abolished, with the consequence of sending the case back to that court for retrial. (Decision no. 2610 of 4 June 2014, rendered within the remedy of the administrative and fiscal section of the High Court of Cassation and Justice aiming to solve the ​​illegality exception of the administrative act).

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Adina Elena Oprea
Junior Lawyer

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