REFLECȚII ASUPRA REGLEMENTĂRII CĂILOR DE ATAC ÎN UNELE LEGISLAȚII PROCESUAL CIVILE EUROPENE

In the first part of the study, the author emphasizes the importance of the legal remedies for
making justice more efficient, one of the important objectives of any reform programme in the field.
The finding is natural, since a good regulation of the legal remedies can make a substantial
contribution to the resolution of the trials within a reasonable time, in order to use only a unanimously
accepted phrase.
The general tendency of the contemporary procedural regulations is to carry out a simplification
of the legal remedies and to avoid congestion of the courts, especially the courts of appeal and the
supreme courts. For this purpose, the vast majority of the analyzed regulations establish some
limitations – value-wise – of the exercise of the legal remedies or establish means of filtering the
reviews, and in some countries even of the appeals. The author also notes that in some procedural
systems the ordinary legal remedy of the appeal cannot be exercised in low value disputes.
One of the author’s conclusive remarks is that the filtering systems of some legal remedies are
efficient and contribute to the resolution of processes with celerity. Another final conclusion is that the
Romanian legislator has abandoned such an approach, and this should be reconsidered in the future.