The Civil Procedure Code of Romania ( ro, Codul de procedură civilă al României) is the law regulating

civil procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kin ...

in Romania. It came into force on 15 February 2013 as Law no. 134/2010, implemented through Law no. 76/2012, replacing the old Civil Procedure Code of 1865. As a transitional measure, some of the Code's provisions came into force on 1 January 2016.

Background and implementation

The civil procedure code is the result of a major legal reform which began in the mid-2000s, prior to Romania's accession to the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

. It was designed in such a way as to simplify and accelerate civil proceedings, following repeated condemnations of Romania by the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

for breaching the standards of a fair civil trial as established by the ECHR. To this end, new mechanisms were introduced to ensure an optimal and predictable duration of trials, as well as remedying a perceived inconsistency of Romanian case law. The code came into force two years after a new civil code was also implemented, and thus it also aimed to align civil proceedings with the new substantive law. Despite a number of transitional issues, the 2015

Cooperation and Verification Mechanism The Mechanism for Cooperation and Verification (CVM) is a safeguard measure invoked by the European Commission when a new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the acces ...

report on Romania found that the new codes led to a decline in trial length to an average of 1.5 years. According to the same report there was also a reduction in the judiciary's overall workload, with tribunals and courts of appeal experiencing a 17% decline in the number of cases.

The code comprises a preliminary title and seven books (''cărţi'') which include provisions on contentious and non-contentious proceedings, arbitration, enforcement, special procedures (such as

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...

and

partition Partition may refer to: Computing Hardware * Disk partitioning, the division of a hard disk drive * Memory partition, a subdivision of a computer's memory, usually for use by a single job Software * Partition (database), the division of a ...

) and international civil lawsuits. The books are further divided into titles, chapters and sections.

References

{{LegalcodesofRomania Law of Romania

Romania Romania ( ; ro, România ) is a country located at the crossroads of Central, Eastern, and Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, Serbia to the southwest, Moldova to the east, and ...

2013 in Romania 2013 in law

Background and implementation

Contents

See also

References