CUANTUMUL EXCESIV AL CAUȚIUNII – MOTIV DE ACORDARE A AJUTORULUI PUBLIC JUDICIAR SUB FORMA SCUTIRII ORI, DUPÃ CAZ, A DIMINUÃRII CUANTUMULUI ACESTEIA

The sanction for the non-observance of the right of access to justice in the case of Iosif v. Romania, obliged the Romanian State to take the necessary measures to prevent similar breaches in the future. Undoubtedly, however, a non-unitary case law exists further in the matter of granting the public legal aid in relation to the bail. To allow the inadmissibility of the exemption or decrease of the bail amount – majority in practice – involves, in the author’s opinion, to accept the imposition of a real “obstacle” to the free access to justice. Therefore, the granting of the public legal aid regarding the stamp duty is futile as long as the possibility of granting the public legal aid in relation to the bail payment, is not recognized.