About Limits in Exercising the Active Role of the Judge* in Romanian Procedural Law

Mihai Lupu
Additional contact information
Mihai Lupu: Researcher, Romanian Academy, Iasi Branch, †Gh. Zane†Institute for Economic and Social Research

Jurnalul de Studii Juridice, 2022, vol. 17, issue 3-4, 36-47

Abstract: The active role of the judge, a fundamental principle of procedural law, is applied as varied as the personalities of the judges who administer justice are different. In relatively simple lawsuits, with a well-defined object and placed in a single demand end, the active role is limited to following a natural, predictable path. However, there are also situations in which the lawsuits have a complex object, with several claims, an object that does not, in fact, resolve the dispute, but will probably lead to another lawsuit. The tendency to emphasize formalism raises the issue of the ever- increasing limitation of the judge's role. In this paper I propose to outline some of these boundaries and possible situations in which the judge, exercising his active role by possibly expanding the procedural framework, resolves the dispute and prevents a new trial.

Keywords: litigation; judge; active role; limits. (search for similar items in EconPapers)
JEL-codes: I12 I15 I18 (search for similar items in EconPapers)
Date: 2022
References: Add references at CitEc
Citations:

Downloads: (external link)
https://lumenpublishing.com/journals/index.php/jls/article/view/6191/4323 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:17:y:2022:i:3-4:p:36-47

DOI: 10.18662/jls/17.3-4/109

Access Statistics for this article

More articles in Jurnalul de Studii Juridice from Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi
Bibliographic data for series maintained by Antonio Sandu ().