The Legal Difficulties Generated by the Alteration of the Provisions Regarding the Hearing of Witnesses by the Court Within the Civil Procedural Code
Author | Bogdan Sebastian Gavrila - Oana Luiza Petruta Posmac |
Position | PhD Candidate, Bucharest University of Economic Studies, Romania, Judge (email: gavrila.bogdan.sebastian@gmail.com). - PhD Candidate, University of Sibiu, Faculty of Law, Judge (email: posmacoanaluiza@gmail.com). |
Pages | 26-33 |
LESIJ NO. XXVI, VOL. 2/2019
THE LEGAL DIFFICULTIES GENERATED BY THE ALTERA TION OF THE
PROVISIONS REGARDING TH E HEARING OF WITNESSES BY THE COURT
WITHIN THE CIVIL PROCEDURAL CODE
Bogdan SebastianGAVRIL
∗
Oana Luiza PetruaPOSMAC
∗∗
Abstract
Since Law no. 310/2018 has altered the legal provisions of the Civil procedural code
regarding the way in which witness testimony is to beobtained, a certain number of difficulties have
been generated due to the fact that the actual hearing of witnesses has to occur in a radically different
manner, thus imposing on the court some obligations which may prove troublesome in the future. The
paper aims to establish some proper practices, in terms of ensuring for all parties a fair trial whilst
also abiding by the new legal solutions.
Keywords: Civil procedural codeProblems Witness Testimony Hearing Proper Conduct of the
Court.
1. Introduction
1.1. What matter does the paper
cover?
The article shall endeavour to establish
a preliminary point of view regarding the
effects of Law no.310 which was adopted in
2018onthe plaintiff, the defendant but also
on what it impliesfor the judge shouldit
apply the new provisions to the letter.
It shall also attempt to identify
potential solutions needed to avoid legal
difficulties generated by the new alterations
to the Civil procedural code, including
interpreting the text in accordance with the
other relevant legalprovisions,analysing the
opportunity of a de lege ferendaeffortand
ultimately the necessity of implicating the
Constitutional Courtof Romania into the
matter at hand.
∗PhD Candidate, Bucharest University of Economic Studies, Romania, Judge (email:
gavrila.bogdan.sebastian@gmail.com).
∗∗PhD Candidate, Universi ty of Sibiu, Faculty of Law, Judge(email:posmacoanaluiza@gmail.com).
1.2. Why is the studied matter
important?
The study matter is paramount because
there are a great deal of cases in which
witnesses are heard by the court. It should
alwaysensure that witness testimony is
obtained in a legal mannorand in
accordance to both the national legal
provisions but also the European Court of
Human Rights case law.The impact of
witness testimony on the outcome of trials
cannot be refuted andhence the necessity of
identifying a workable legal methodof
administering the evidence, in
circumventing potential problems which
may arise.
1.3. How does the author intend to
answer to this matter?
It is hoped to reach the objective of
offering a very detailed outlook on the
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