POSIBILITATEA DE REDACTARE A HOTĂRÂRII JUDECĂTOREȘTI ÎN PROCESUL CIVIL PESTE TERMENUL INIȚIAL DE 30 DE ZILE DE LA PRONUNȚARE

The study analyzes the initial version of the first sentence of Article 426 (5) of the Civil
Procedure Code, according to which the judgment had to be drafted within maximum 30 days from
the date of pronouncement.
In the author’s opinion, such a time limit ensured the achievement of one of the fundamental
principles of the civil trial, respectively, the right to a fair trial, in an optimal and predictable time limit,
as provided by Article 6 (1) of the Civil Procedure Code.
In the version of the Law No 310/2018, the first sentence of Article 426 (5) of the Civil
Procedure Code was amended, in the sense of granting the possibility to extend the drafting time
limit, over the initial one of 30 days from the date of pronouncement. Thus, for well-grounded
reasons, this time limit may be extended by 30 days, at most twice.
In the author’s opinion, the total current time limit of 90 days for drafting the judgment is not
able to ensure a reasonable time limit for the completion of the trial and should return to the version
existing prior to the amendment by the Law No 310/2018, respectively, the time limit of no more than
30 days from the date of pronouncement.