12/3/2015Ministry of Environment and Climate Change - ROMANIA 1 SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -

04/18/2304/18/23 Ministry of Environment and Climate Change - Ministry of Environment and Climate Change - ROMANIAROMANIA

11

SEVENTH MEETING SEVENTH MEETING OF THE TASK FORCE OF THE TASK FORCE

ON ACCES TO ON ACCES TO JUSTICE JUSTICE

- GENEVA -- GENEVA -


22

Romanian tools for Romanian tools for providing information on providing information on access to justice in light access to justice in light of article 9, paragraphs 4 of article 9, paragraphs 4 and 5, of the Convention.and 5, of the Convention.


33

With respect toWith respect to article 9, article 9, paragraph 4 paragraph 4 of the of the Aarhus Convention Aarhus Convention measures taken to ensure measures taken to ensure that:that:

The procedures referred to in paragraphs 1, 2 The procedures referred to in paragraphs 1, 2 and 3 provide adequate and effective remedies;and 3 provide adequate and effective remedies;

The court must decide on the compensations The court must decide on the compensations for material and moral damages incurred;for material and moral damages incurred;

Such procedures otherwise meet the Such procedures otherwise meet the requirements of this paragraph.requirements of this paragraph.

According toAccording to the Civil Procedure the Civil Procedure CodeCode, all court , all court decisions shall be given in written format and decisions shall be given in written format and contain the de facto and de jure reasons.contain the de facto and de jure reasons.


44

With respect to With respect to paragraph 5paragraph 5, measures taken , measures taken to ensure that information is provided to the to ensure that information is provided to the public on access to administrative and judicial public on access to administrative and judicial review.review.

According toAccording to the Civil Procedure Code, legal the Civil Procedure Code, legal procedures in Romania are public and any procedures in Romania are public and any person may be present in the court room.person may be present in the court room. Recently, the Superior Council of Magistracy Recently, the Superior Council of Magistracy has decided that all public interest decisions has decided that all public interest decisions shall be made available on the internet, on the shall be made available on the internet, on the websites of the courts.websites of the courts.


55

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


66

At the At the local environmental protection local environmental protection agenciesagencies, during 2011-2013, were submitted , during 2011-2013, were submitted 113 113 preliminary complaints preliminary complaints in regard to the regulatory in regard to the regulatory document issuance procedures (environmental document issuance procedures (environmental decision-making).decision-making). Of these:Of these:

38 complaints were solved in court;38 complaints were solved in court; 26 complaints are still on the court dockets;26 complaints are still on the court dockets; 49 were solved by the institution.49 were solved by the institution.


77

Website addresses relevant to the Website addresses relevant to the implementation of article 9:implementation of article 9:

http://www. just.rocCSM reports on the State of Justice for CSM reports on the State of Justice for

the past years: the past years: http://www.csm1909. ro/csm/index. php?cmd=24

www.mmediu.ro www.anpm.ro


88

So, decision of courts, and whenever So, decision of courts, and whenever possible of other review bodies, held in possible of other review bodies, held in electronic form are available and can be electronic form are available and can be accessedaccessed on the on the Romanian Romanian website of website of Ministry of Justice -portal courts: Ministry of Justice -portal courts:

http://portal.just.ro/SitePages/acasa.aspxhttp://portal.just.ro/SitePages/acasa.aspx


99

The public shall have access to the preliminary administrative The public shall have access to the preliminary administrative procedure free of charge, and the deadline for resolution shall be procedure free of charge, and the deadline for resolution shall be 30 days.30 days.

Equally the Article.451 para.Equally the Article.451 para. (1) of the new Civil Procedure Code (1) of the new Civil Procedure Code defines judicial expenses as follows:defines judicial expenses as follows: “Judicial expenses include “Judicial expenses include stamp duties and judicial stamp dutiesstamp duties and judicial stamp duties, barrister, expert and , barrister, expert and specialist fees, (...), amounts payable to the witnesses for travel specialist fees, (...), amounts payable to the witnesses for travel and loss caused by their presence in court, travel expenses and and loss caused by their presence in court, travel expenses and accommodation expenses, as applicable, as well as any expenses accommodation expenses, as applicable, as well as any expenses required for the good conduct of the trial”.required for the good conduct of the trial”.

Moreover, under Article 451 para.(2) and (3) “the court may, even Moreover, under Article 451 para.(2) and (3) “the court may, even ex officio, reduce, on sound grounds, the legal expenses ex officio, reduce, on sound grounds, the legal expenses representing the barrister, expert and specialist fees if they are representing the barrister, expert and specialist fees if they are blatantly disproportionate with the value or complexity of the case blatantly disproportionate with the value or complexity of the case or the activity they provide, also considering the circumstances of or the activity they provide, also considering the circumstances of the case.”the case.”


1010

Articles 90-91 of the Civil Procedure Code Articles 90-91 of the Civil Procedure Code contain legal provisions on contain legal provisions on Legal assistance, Legal assistance, as as follows:follows:

Article 90 - Conditions for grantingArticle 90 - Conditions for granting

Article 91 - Special ProvisionsArticle 91 - Special Provisions


1111

For 2011-2013, the report of the Supreme For 2011-2013, the report of the Supreme Council of Magistracy on the state of justice Council of Magistracy on the state of justice states that: based on the data submitted by the states that: based on the data submitted by the courts, courts, in 2011, 16.795 legal aid applications in 2011, 16.795 legal aid applications were submitted, and 11.030 were accepted. were submitted, and 11.030 were accepted.

Also, additional information on the data Also, additional information on the data communicated by the courts in regard to public communicated by the courts in regard to public legal aid applications may be consulted in the legal aid applications may be consulted in the CSM reports on the State of Justice for the past CSM reports on the State of Justice for the past years.years.


1212

THE ENDTHE END

Thank youThank you

Documents

12/3/2015Ministry of Environment and Climate Change - ROMANIA 1 SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -