Post by account_disabled on Dec 31, 2023 2:47:38 GMT -6
Aeffectiveness of the judicial control exercised by the higher courts. . Moreover by Decision no. of May regarding the exception of unconstitutionality of the provisions of art. para. from Law no. regarding the judicial organization the Court ruled in relation to the procedural norm aimed at drawing up requests and procedural documents only in Romanian ruling that the law provides the parties citizens of national minorities with sufficient procedural guarantees designed to ensure their freedom of expression free access to justice as well as the right to a fair trial.
Considering these considerations the Court finds that the Law as well as the constitutional principle provisions of art. para. of the Code of Civil Procedure which stipulates the obligation of the parties in a civil process to submit the documents written in a foreign language in a certified copy accompanied by the legalized translation carried out by an authorized translator respects both the constitutional norm regarding the right Romanian citizens belonging to national minorities to express themselves in their mother tongue in front of the courts established by art. of the Basic of equal rights of citizens which imposes on the state the obligation to regulate.
A legal framework suitable to allow the application of equal treatment to all persons in similar legal situations without privileges or discrimination. Thus the criticized legal provisions ensure equal legal treatment to all Romanian citizens regardless of nationality imposing on the parties the procedural obligation to translate through an authorized translator all documents drawn up in a foreign language. . For the reasons stated above pursuant to art. lit. d and of art. para. of the Constitution as well as of art. of art. paragraph letter Ad and of art. of Law no. with unanimity of votes THE CONSTITUTIONAL COURT in the name of the law DECIDES Rejects as unfounded the exception.
Considering these considerations the Court finds that the Law as well as the constitutional principle provisions of art. para. of the Code of Civil Procedure which stipulates the obligation of the parties in a civil process to submit the documents written in a foreign language in a certified copy accompanied by the legalized translation carried out by an authorized translator respects both the constitutional norm regarding the right Romanian citizens belonging to national minorities to express themselves in their mother tongue in front of the courts established by art. of the Basic of equal rights of citizens which imposes on the state the obligation to regulate.
A legal framework suitable to allow the application of equal treatment to all persons in similar legal situations without privileges or discrimination. Thus the criticized legal provisions ensure equal legal treatment to all Romanian citizens regardless of nationality imposing on the parties the procedural obligation to translate through an authorized translator all documents drawn up in a foreign language. . For the reasons stated above pursuant to art. lit. d and of art. para. of the Constitution as well as of art. of art. paragraph letter Ad and of art. of Law no. with unanimity of votes THE CONSTITUTIONAL COURT in the name of the law DECIDES Rejects as unfounded the exception.