Considerations about the Civil Action in the New Civil Procedure Code

Abstract

In the modern age, regarding the opening of a civil trial, we operate with multiple concepts (or rights?): “the free access to justice”, ”the right to refer to the court”, “the right to action” etc. In the last 150 years, important theories of great value have been in this area, which revolutionized the civil proceedings law. The “free access to justice” is a fundamental right established in all the democratic states’ legislation: we all have the right to refer to the Jurisdictional Power of the State. The access to justice represents a guarantee for the exercise of all the other rights and liberties: the guarantee that potential conflicts shall be settled in a peaceful manner, by an impartial judge. Art. 21 of the Romanian Constitution provides, in paragraph 1: „Any individual can refer to justice….”