CONSIDERAȚII CRITICE PE MARGINEA DECIZIEI NR. 34/2017, PRONUNȚATĂ DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE, COMPLETUL PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT

The Civil Procedure Code entered into force on 15 February 2013, when neither the fax nor the e-mail were unknown anymore in the field of communication. However, the procedural provisions have proven to be tributary to some classical origins, even obsolete in some cases. The interventions of the High Court of Cassation and Justice, of the Constitutional Court, in the matter of law analyzed by the authors in this article, did not have the role of modernizing nor of improving the efficiency of the act of justice. The given interpretations have taken into account the letter of the law and not its spirit, probably starting from the strict application of the procedural provisions. Without disregarding these principles, the authors criticize in an argumented manner the solution pronounced by the Decision No 34/2017 of the High Court of Cassation and Justice, the Panel for the settlement of some legal issues, ruling in the sense of qualifying the procedural act sent by e-mail or fax, after the court’s work schedule, but until 24.00 of the last day of the procedural term, as being done in due time.