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The objection concerning delayment of process, according to the New Civil Procedure Code

The High Court of Cassation and Justice has ruled that the regulation of art. 522-326 of the New Code of Civil Procedure, under the name of “objection concerning delaying the process”, the legislator has provided a remedy available to the parties and the prosecutor involved in the debate, in order for legal measures to avoid a situation of breach of the settlement process time frame. The High Court stated that the defining term of all cases provided by art. 522 of the New Code of Civil Procedure is the passivity of the court, which is provided the means for correcting inappropriate behaviors, and it fails to act or worse, the court itself rejects legal provisions requiring certain conduct. However, the delay in the appeal process should not be viewed as an opportunity to punish the judge hearing the case, but as a remedy provided by the rules of procedure, which is applicable in situations where the court, applicable in cases where the court itself causes undue delay or lacks the necessary measures to ensure the settlement of the process in a reasonable time. In this case, the petitioner has not shown which cases provided for by art. 522 of the New Code of Civil Procedure are relevant to this case, so the complaint was dismissed. (Decision no. 5313 of 17 May 2013 rendered on appeal by the Administrative and Fiscal Department of The High Court of Cassation and Justice covering the delay objection process)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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