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SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -

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Title: tools for providing information on access to justice in light of article 9, paragraphs 4 and 5, of the Convention. Author: mihaelamacelaru – PowerPoint PPT presentation

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Title: SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -


1
SEVENTH MEETING OF THE TASK FORCE ON ACCES TO
JUSTICE - GENEVA -
2
  • Romanian tools for providing information on
    access to justice in light of article 9,
    paragraphs 4 and 5, of the Convention.

3
  • With respect to article 9, paragraph 4 of the
    Aarhus Convention measures taken to ensure that
  • The procedures referred to in paragraphs 1, 2 and
    3 provide adequate and effective remedies
  • The court must decide on the compensations for
    material and moral damages incurred
  • Such procedures otherwise meet the requirements
    of this paragraph.
  • According to the Civil Procedure Code, all court
    decisions shall be given in written format and
    contain the de facto and de jure reasons.

4
  • With respect to paragraph 5, measures taken to
    ensure that information is provided to the public
    on access to administrative and judicial review.
  • According to the Civil Procedure Code, legal
    procedures in Romania are public and any person
    may be present in the court room. Recently, the
    Superior Council of Magistracy has decided that
    all public interest decisions shall be made
    available on the internet, on the websites of the
    courts.

5
  • Although the databases of the Ministry of
    Justice contain statistical data regarding free
    of charge legal assistance/public legal aid,
    depending on the type of court and the state of
    the procedural stage, by category of action and
    objects for the period 01.01.2011 - 01.05.2013,
    the legal situations related to environmental law
    whose protection was requested in the front of
    the court of law could not be separately and
    explicitly individualized.

6
  • At the local environmental protection agencies,
    during 2011-2013, were submitted 113 preliminary
    complaints in regard to the regulatory document
    issuance procedures (environmental
    decision-making). Of these
  • 38 complaints were solved in court
  • 26 complaints are still on the court dockets
  • 49 were solved by the institution.

7
  • Website addresses relevant to the
    implementation of article 9
  • http//www. just.roc
  • CSM reports on the State of Justice for the past
    years http//www.csm1909. ro/csm/index.
    php?cmd24
  • www.mmediu.ro
  • www.anpm.ro

8
  • So, decision of courts, and whenever possible of
    other review bodies, held in electronic form are
    available and can be accessed on the Romanian
    website of Ministry of Justice -portal courts
  • http//portal.just.ro/SitePages/acasa.aspx

9
  • The public shall have access to the preliminary
    administrative procedure free of charge, and the
    deadline for resolution shall be 30 days.
  • Equally the Article.451 para. (1) of the new
    Civil Procedure Code defines judicial expenses
    as follows Judicial expenses include stamp
    duties and judicial stamp duties, barrister,
    expert and specialist fees, (...), amounts
    payable to the witnesses for travel and loss
    caused by their presence in court, travel
    expenses and accommodation expenses, as
    applicable, as well as any expenses required for
    the good conduct of the trial.
  • Moreover, under Article 451 para.(2) and (3) the
    court may, even ex officio, reduce, on sound
    grounds, the legal expenses representing the
    barrister, expert and specialist fees if they are
    blatantly disproportionate with the value or
    complexity of the case or the activity they
    provide, also considering the circumstances of
    the case.

10
  • Articles 90-91 of the Civil Procedure Code
    contain legal provisions on Legal assistance, as
    follows
  • Article 90 - Conditions for granting
  • Article 91 - Special Provisions

11
  • For 2011-2013, the report of the Supreme Council
    of Magistracy on the state of justice states
    that based on the data submitted by the courts,
    in 2011, 16.795 legal aid applications were
    submitted, and 11.030 were accepted.
  • Also, additional information on the data
    communicated by the courts in regard to public
    legal aid applications may be consulted in the
    CSM reports on the State of Justice for the past
    years.

12
THE END
  • Thank you
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