Lack of public order can no longer be invoked at any stage of the process

The High Court of Cassation and Justice has ruled that, despite previous legislation, the provisions of the new Code of Civil Procedure, as it was amended and supplemented by Law no. 202/2010, follows that substantive incompetence, even if concerning public order, can no longer be invoked at any stage of the process, but only at first instance, in limine litis. The previous regulation, lack of competence of public order was the only that may be raised at any stage of the trial, any party or the court office, which is the legal regime envisaged by art. 136 C.proc.civ. for any public order exception. Currently, art. 136 New C.proc.civ . , as amended by art. I, section 17 of Law no. 202/2010 provides that the public policy exception may be invoked in the course of the cases and the law, and art. 159 ¹ paragraph. (2) C.proc.civ, introduced by art. I, section 23 of Law no. 202/2010 provide that lack of substantive and territorial public order may be invoked by the parties or by the judge at the first hearing in the first instance, but no later than the beginning of the proceedings on the merits. Therefore lack of public order cannot be invoked directly in appeal or recourse. (Decision no. 113 of February 20, 2013 delivered in Civil Appeal Division I of the High Court of Cassation and Justice covering claims)

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Dan Alexandru NEGRU

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