Material Competence of the Courts of Law in the Light of the New Civil Procedure Code

• Author: Ciurea, A.
• Position: Law Faculty, Transilvania University of Brasov
• Pages: 43-48

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 5 (54) No. 2 - 2012

MATERIAL COMPETENCE OF THE

COURTS OF LAW IN THE LIGHT

OF THE NEW CIVIL

PROCEDURE CODE

Andreea CIUREA1

Abstract : For the citizen, one of the first issues to address, in case of a litigation,

is that of knowing the public authority where the request is to be submitted. In civil

process law, by competence, one should understand the skill, the ability of a court of

law to solve certain requests or litigations.

The aim of this article is that to present the most important modifications brought by

the NEW CIVIL PROCEDURE CODE in material competence of the courts of law.

Keywords: material competence, modification , criteria.

1 Law Faculty, Transilvania University of Braşov.

1. Introduction

After almost 150 years since the presen t

procedure Code entered into force, in

Romania, the new civil procedure code has

been adopted (NCPC), with the Law

134/2010, republished in the Official

Gazette No. 545/3rd of August, 2012.

Such a change has a very strong impact

on the life of a society, as it directly

affects the jurisdictional mechanism and -

consequently - the prestige of justice and

social security!

The new Code was to enter into force on

September 1st 2012, but, as not sufficient

measures were taken with respect to the

implementation of the new regulation (in

particular, lack of human and financial

resources) – this operation was postponed

for the 1st of February 2012, according to

.GEO. No. 44/2012, published in the

Official Gazette No. 606 of August 23rd,

2012.

2. The modifications brought to the New

Civil Code in terms of material

competence of the courts of law

Basically, according to art. 126 of the

Constitution, justice is administered by the

courts of law. If exceptionally, through

law, special jurisdictions are established in

certain fields, they should be optional and

free of charge; the special jurisdictions

should not impede the access to the courts

of law and their decisions cannot be final.

The delimitation of activities of the

courts' of law from the attributions of

other institutions is established through the

general competence norms.

The competence of the courts of law

between them is establi shed through the

jurisdictional competence rules. The

jurisdictional competence appears under

two forms: material competence

(attribution): thereby the jurisdictional

prerogatives are delimited vertically