Type: Judgment

Authority: National Courts: Supreme Courts (Rumania) - Curtea Constituţională

Date: 06/24/2008

Subject: The Constitutional Court states the incompatibility of article 302 of the civil procedure code with the norms of the Constitution and the ECHR in the matter of right to an effective remedy. The said article states that the second appeal must be presented to the same Court whose decision has been appealed, being otherwise deemed null.

Parties: Oradea Court of Appeal – Joint Civil Division

Original language: Rumanian

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal

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