ESEU PRIVIND ACCESUL LA JUSTIȚIE ÎN LUMINA ART. 5 DIN CODUL DE PROCEDURÃ CIVILÃ

A “natural right” being most profoundly democratic not only retained, despite the historical vicissitudes, its intrinsic moral values, but due to the constant and firm “juridicization”, in another historical ambience, has increased these values and the implications of their valorization, while granting plenary sense to the contemporary “rule of law”, ensuring above all – according to the beautiful and meaningful saying of a historical figure – the protection of the “powerless people in front of power”: the right to request the assistance of a judge or the right of access to a judge. Article 5 of the Code of Civil Procedure recalls us that right, but unfortunately, as it does, requires again to make any effort for the consistent and undoubtedly useful understanding from the social point of view of its purposes.