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Romania / Constitutional Court / 2.493/271/2016

Constitutional referral raised by Alexandru Maghiar before the Romanian High Court of Cassation (Înalta Curte de Casație și Justiție)

Deciding Body type:
National Court/Tribunal
Deciding Body:
Romanian Constitutional Court
Decision date:
Key facts of the case:
The case is about the procedure by which someone can challenge that length of proceedings before civil courts. Article 524 paragraph 3 of the Romanian Code on Civil Procedure states that an individual can contest the length of proceedings before the panel of judges entrusted with their case and the same panel of judges will decide on the complaint on length of proceedings. The Constitutional Court is asked to look into this provision and see whether it is in breach of the right to an effective remedy and to a fair trial. The main concern raised is that it may be unconstitutional that a panel of judges can decide on their own performance in respect of length of proceedings and that this may affect the effectiveness of the procedure and the impartiality of the judges.
Key legal question raised by the Court:
The Constitutional Court is asked to establish whether it is constitutional for a panel of judges to rule on complaints relating to their own conduct.
Outcome of the case:
As a result of the case the Constitutional Court ruled that Article 524 paragraph 3 of the Romanian Code on Civil Procedure is unconstitutional and hence no longer applicable.