Download tools for providing information on access to justice in light of article 9

SEVENTH MEETING
OF THE TASK FORCE
ON ACCES TO
JUSTICE
- GENEVA 5/24/2017
Ministry of Environment and Climate Change ROMANIA
1
Romanian tools for
providing information on
access to justice in light
of article 9, paragraphs 4
and 5, of the Convention.
5/24/2017
Ministry of Environment and Climate Change ROMANIA
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With respect to article 9, paragraph 4 of the
Aarhus Convention measures taken to ensure
that:
 The procedures referred to in paragraphs 1, 2
and 3 provide adequate and effective remedies;
 The court must decide on the compensations
for material and moral damages incurred;
 Such procedures otherwise meet the
requirements of this paragraph.
According to the Civil Procedure Code, all court
decisions shall be given in written format and
contain the de facto and de jure reasons.
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Ministry of Environment and Climate Change ROMANIA
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

With respect to paragraph 5, measures taken
to ensure that information is provided to the
public on access to administrative and judicial
review.
According to the Civil Procedure Code, legal
procedures in Romania are public and any
person may be present in the court room.
Recently, the Superior Council of Magistracy
has decided that all public interest decisions
shall be made available on the internet, on the
websites of the courts.
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Ministry of Environment and Climate Change ROMANIA
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Although the databases of the Ministry of
Justice contain statistical data regarding free of
charge legal assistance/public legal aid,
depending on the type of court and the state of
the procedural stage, by category of action and
objects for the period 01.01.2011 - 01.05.2013,
the legal situations related to environmental law
whose protection was requested in the front of
the court of law could not be separately and
explicitly individualized.
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Ministry of Environment and Climate Change ROMANIA
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At the local environmental protection
agencies, during 2011-2013, were submitted 113
preliminary complaints in regard to the regulatory
document issuance procedures (environmental
decision-making). Of these:
38 complaints were solved in court;
26 complaints are still on the court dockets;
49 were solved by the institution.
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Ministry of Environment and Climate Change ROMANIA
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Website addresses relevant to the
implementation of article 9:
http://www. just.roc
 CSM reports on the State of Justice for
the past years: http://www.csm1909.
ro/csm/index. php?cmd=24
 www.mmediu.ro
 www.anpm.ro
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Ministry of Environment and Climate Change ROMANIA
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So, decision of courts, and whenever
possible of other review bodies, held in
electronic form are available and can be
accessed on the Romanian website of
Ministry of Justice -portal courts:
http://portal.just.ro/SitePages/acasa.aspx

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Ministry of Environment and Climate Change ROMANIA
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

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The public shall have access to the preliminary administrative
procedure free of charge, and the deadline for resolution shall be
30 days.
Equally the Article.451 para. (1) of the new Civil Procedure Code
defines judicial expenses as follows: “Judicial expenses include
stamp duties and judicial stamp duties, barrister, expert and
specialist fees, (...), amounts payable to the witnesses for travel
and loss caused by their presence in court, travel expenses and
accommodation expenses, as applicable, as well as any expenses
required for the good conduct of the trial”.
Moreover, under Article 451 para.(2) and (3) “the court may, even
ex officio, reduce, on sound grounds, the legal expenses
representing the barrister, expert and specialist fees if they are
blatantly disproportionate with the value or complexity of the case
or the activity they provide, also considering the circumstances of
the case.”
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Ministry of Environment and Climate Change ROMANIA
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Articles 90-91 of the Civil Procedure Code contain
legal provisions on Legal assistance, as follows:

Article 90 - Conditions for granting

Article 91 - Special Provisions
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Ministry of Environment and Climate Change ROMANIA
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
For 2011-2013, the report of the Supreme
Council of Magistracy on the state of justice
states that: based on the data submitted by the
courts, in 2011, 16.795 legal aid applications
were submitted, and 11.030 were accepted.

Also, additional information on the data
communicated by the courts in regard to public
legal aid applications may be consulted in the
CSM reports on the State of Justice for the past
years.
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Ministry of Environment and Climate Change ROMANIA
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THE END
Thank you
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Ministry of Environment and Climate Change ROMANIA
12