Editura Universul Juridic Code of Civil Procedure 2021. Jurisprudence. Synthesis - Law no. 114/2021 on some measures in the field of justice in the context of the COVID-19 pandemic - Mircea Ursuta

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Publisher: Universul Juridic

Author: Mircea Ursuta

Pages: 816

Publisher year: 2021

ISBN: 978-606-39-0808-8

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Code of Civil Procedure 2021. Jurisprudence. Synthesis is the continuation of a project started in 2016.

Thus, every year, we offer the practitioner, the student or any person interested in the civil procedure a useful work tool, which they can have at hand for updated basic information, essential in the application of civil procedural law.

More precisely, under the articles of the Code, the interested party will find:

- related legislation;

- the related stamp duty (where applicable);

- relevant extracts from the motivation of the decisions of the Constitutional Court;

- extracts from the decisions pronounced by the Supreme Court in RIL and HP;

- extracts from the most relevant case decisions of the High Court of Cassation and Justice;

- extracts from the decisions of the European Court of Human Rights;

- extracts from minutes or other solutions to unify judicial practice.

Although they are not sources of law, the solutions for unifying the judicial practice adopted at various meetings of the magistrates are able to clarify the application in practice of some procedural texts. They can either provoke the subsequent pronouncement of binding decisions for the unification of judicial practice (RIL or HP), or simply lead directly to the unification of the practice, without the need to notify the Supreme Court and, therefore, it is important to be known.

The considerations of some decisions of the Constitutional Court rejecting exceptions of unconstitutionality or the considerations of some decisions of the Supreme Court rejecting applications for RIL or HP have the same role, reason for which we have presented, the really relevant ones, under the corresponding articles.

Last but not least, certain decisions of the Supreme Court lead directly to the drawing up of a unitary practice for the application of the procedural norm, imposing themselves to be known by the addressees of the norm.

This edition includes references to the temporary provisions regarding the state of emergency and to those regarding the state of alert, including the recent Law no. 114/2021 on some measures in the field of justice in the context of the COVID-19 pandemic.

We propose that every year or whenever we need to update the information in the book, so that it contains the minimum necessary for any person in a courtroom or to quickly resolve issues raised by various questions.



Assoc. Prof. Dr. Mircea Ursuta

Faculty of Law, University of Oradea

Member of the Commission for the elaboration of the Draft Law for the implementation of the NCPC
  • Code of Civil Procedure 2021. Jurisprudence. Synthesis - Law no. 114/2021 on some measures in the field of justice in the context of the COVID-19 pandemic - Mircea Ursuta

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Mircea Ursuta
He was born on August 27, 1978, in Oradea.

Education: University of Oradea, Faculty of Law (1996-2000); master's degree in Law and Public Administration, Babes-Bolyai University of Cluj-Napoca (2000-2001); University of Oradea, Faculty of Political Sciences and Communication Sciences (2004-2007); Doctor of Law: Specialization in Administrative Law, Babes-Bolyai University of Cluj-Napoca, topic of the thesis "Contraventional Procedure" - guide prof. Univ. Dr. Tudor Draganu (2008); habilitation, IOSUD / IOD - Faculty of Law of the University of Bucharest, title of the habilitation thesis Contraventional law and judicial procedure in public law. News and perspectives (2018).

Professional activity: lawyer, Bihor Bar (2000-present; suspended); arbitrator, Commercial Arbitration Court attached to the Bihor Chamber of Commerce and Industry (2010-present; suspended); vice-dean, Baroul Bihor (2011-2015); Secretary of State at the Ministry of Justice (February 2021-present).

Scientific activity: communications and lectures at national and international conferences; articles and studies of jurisprudence in the field of civil procedure, contravention law and administrative law in prestigious journals such as Revista Dreptul, Curierul Judiciar, Revista Romana de Jurisprudenta, Revista Romana de Executare Silita, Revista Transilvana de Stiinte Administrative, Studia Universitatis Babes-Bolyai ; books published in the fields mentioned above, as an example: Civil Procedure Code 2020. Jurisprudence. Synthesis, Universul Juridic Publishing House, Bucharest, 2020; Road contraventions, Universul Juridic Publishing House, Bucharest, 2 editions - 2011, 2010; Contraventional procedure, Universul Juridic Publishing House, Bucharest, 3 editions - 2010, 2009, 2008; co-author of the New Code of Civil Procedure commented and annotated - coordinators V.M. Ciobanu and M. Nicolae, Ed. Universul Juridic, Bucharest, 2 volumes: vol. II - 2016 [ed. I], vol I - 2013 [ed. I] si 2016 [ed. a II-a].

Scientific recognition: member of the Institute of Administrative Sciences "Paul Negulescu" (2004-present); founding member of the Institute of Public Law and Administrative Sciences of Romania (2009-present); member of the Commission for drafting the Law on the implementation of the New Code of Civil Procedure, Ministry of Justice (2010-2012); member of the Scientific Council of the journal "Law" (2018-present); member of the Editorial Board of the "Romanian Journal of Jurisprudence" (2013-2020).

Awards: “Mihail Eliescu” Award of the Romanian Lawyers Union (2016) and “Traian Ionascu” Award of the Romanian Journal of Private Law for the best book of 2016 in the field of private law (2017), for the work: V.M. Ciobanu, M. Nicolae, M. Tabarca, Gh. Florea, L. Zidaru, M. Ursuta, A. Stefanescu, I. Galca, M. Fodor, T. Briciu, A. Radoi, A. Nicolae, V. Belegante, F. Baias, E. Oprina, B. Dumitrache, M. Stancu, D. Ghinoiu, C. Irimia, N. Turcu, The new Code of Civil Procedure commented and annotated, vol. I, ed. II revised and added, vol. II, Universul Juridic Publishing House, Bucharest, 2016.

Citations: numerous citations of the works mentioned in treaties, monographs, articles, studies and other specialized works in the matters of civil procedure, contravention law and administrative law.

Teaching activity: preparator, Faculty of Law. University of Oradea (2002-2006); assistant professor, Faculty of Law. University of Oradea (2006-2011); lecturer, National Institute for the Training and Perfection of Lawyers (2011-present); university lecturer, Faculty of Law. University of Oradea (2011-2017); associate professor (docent), Faculty of Law. University of Oradea (2017-present).

Content
Foreword / 7
Brief history of civil procedure from 1865 to the present day / 9
Part I
THE NEW CODE OF CIVIL PROCEDURE, REPUBLICATED (LAW NO. 134/2010) / 11
Alphabetical index / 650
O.U.G. no. 80/2013 regarding the judicial stamp duties / 667
O.U.G. no. 51/2008 on public legal aid in civil matters / 685
Decree no. 195/2020 on the establishment of the state of emergency on the territory of Romania -M. Of. no. 212 of March 16, 2020 (extract) / 701
Decree no. 240/2020 regarding the extension of the state of emergency on the Romanian territory - M. Of. no. 311 of 14 April 2020 (extract) / 703
Law no. 114/2021 on some measures in the field of justice in the context of the COVID-19/704 pandemic
Part II
SYNTHESIS / 710

Code of Civil Procedure 2021. Jurisprudence. Synthesis is the continuation of a project started in 2016.

Thus, every year, we offer the practitioner, the student or any person interested in the civil procedure a useful work tool, which they can have at hand for updated basic information, essential in the application of civil procedural law.

More precisely, under the articles of the Code, the interested party will find:

- related legislation;

- the related stamp duty (where applicable);

- relevant extracts from the motivation of the decisions of the Constitutional Court;

- extracts from the decisions pronounced by the Supreme Court in RIL and HP;

- extracts from the most relevant case decisions of the High Court of Cassation and Justice;

- extracts from the decisions of the European Court of Human Rights;

- extracts from minutes or other solutions to unify judicial practice.

Although they are not sources of law, the solutions for unifying the judicial practice adopted at various meetings of the magistrates are able to clarify the application in practice of some procedural texts. They can either provoke the subsequent pronouncement of binding decisions for the unification of judicial practice (RIL or HP), or simply lead directly to the unification of the practice, without the need to notify the Supreme Court and, therefore, it is important to be known.

The considerations of some decisions of the Constitutional Court rejecting exceptions of unconstitutionality or the considerations of some decisions of the Supreme Court rejecting applications for RIL or HP have the same role, reason for which we have presented, the really relevant ones, under the corresponding articles.

Last but not least, certain decisions of the Supreme Court lead directly to the drawing up of a unitary practice for the application of the procedural norm, imposing themselves to be known by the addressees of the norm.

This edition includes references to the temporary provisions regarding the state of emergency and to those regarding the state of alert, including the recent Law no. 114/2021 on some measures in the field of justice in the context of the COVID-19 pandemic.

We propose that every year or whenever we need to update the information in the book, so that it contains the minimum necessary for any person in a courtroom or to quickly resolve issues raised by various questions.



Assoc. Prof. Dr. Mircea Ursuta

Faculty of Law, University of Oradea

Member of the Commission for the elaboration of the Draft Law for the implementation of the NCPC

www.editurauniversitara.ro

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