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 PetruaPOSMAC

∗∗

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