HCCJ. Removing all evidentiary requests

The High Court of Cassation and Justice has ruled that the compliance with the principle of contradictoriness requires that no measure shall not be ordered by the court without being based on evidence administrated during the trial and without being the subject to contradictory debates, each party having the opportunity to express their views on every means of evidence allowed by the court. In this regard, the High Court held that the first court, disregarding the provisions of art. 261 pt. 5 Civil Procedure Code (art. 425 para. 1 b NCPC) has removed all evidentiary requests of the applicant’s without proper motivation with clarity and relevanceof the measure so arranged, especially to demonstrate that it has not been violated his right to a fair trial, thus requiring cassation with reference. (Decision no. 413 of 29 January 2013, rendered in second appeal by Section of contentious administrative and taxation of the High Court of Cassation and Justice, covering dissolution of decision issued by the Paying Agency for Rural Development and Fishery)

:: The source: JURIDICE.ro


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