Aspects regarding the limitation of the right of acces to justice, by the institution of certain suspended judicial stamp duties

• Author: Petria Licuta
• Position: Constantin Brâncoveanu University
• Pages: 210-215

ASPECTS REGARDING THE LIMITATION OF THE RIGHT OF ACCES

TO JUSTICE, BY THE INSTITUTION OF CERTAIN SUSPENDED

JUDICIAL STAMP DUTIES

PhD. Lecturer Licuţa Petria

“Constantin Brâncoveanu” University

licuţapetria@yahoo.com

Abstract: In a democratic society, having a solid economy, legal relationships according to

substantive law are usually achieved without the intervention of public authorities, justice being

resorted to only when the parties cannot amiably solve their differences.

One of the principles lying at the foundation of justice organization in Romania constitutes

free access to justice, regulated by art. 21 of the Constitution and by certain international

documents.

The State must regulate the right of access to justice so that it corresponds to the

requirements imposed by art. 6 point 1 of the European Convention on Human Rights.

Free access to justice can first be assured by instituting reasonable judicial stamp duties, as

the establishment of exaggerated stamp duties, inaccessible to litigants, leads to the limitation of

free access to justice and implicitly to the violation of the provisions of art. 6 point 1 of the

European Convention on Human Rights.

Key words: free access to justice, judicial stamp duties, right to a fair trial.

1. Terminological preliminaries regarding free access to justice

Usually, in a democratic society with a stable economy, legal relationships according to substantive

law (civil law, labour law, family law etc.) are achieved without the intervention of public

authorities.

There are, however, situations when subjective rights are not taken into account, they are

violated. The differences arisen concerning the achievement of legal relationships can however be

solved by the parties in an amiable manner. Sometimes, the parties to the legal relationship, for

different reasons, do not have the necessary patience, or wisdom, to solve the arisen differences in

an amiable manner, and they resort to justice.

In modern states, “justice is a fundamental function of the state, and its administration

represents one of the essential attributes of the sovereign power”

1

. One of the principles lying at the

foundation of the organization of justice is that of free access to justice.

In Romania, free access to justice is provisioned by art. 21 of the Constitution, which

regulates, as part of the common provisions regarding fundamental rights, liberties, and duties, free

access to justice as a fundamental right. According to the provisions of the above-mentioned article,

“any person can address justice for the protection of their rights, liberties, and legitimate interests.”

No law can limit the exertion of this right.

From the quoted constitutional provisions it results that the fundamental law establishes

every citizen’s fundamental right to address justice in the event that their legitimate rights and

interests have been violated, the exertion of this right not being limitable by any law. The right of

access to justice is also established by certain international documents.

Thus, free access to justice is also established by article 10 of the Universal Declaration of

Human Rights adopted on December 10, 1948, by the General Assembly of the United Nations, as

1

Ioan Leş. P rincipii şi instituţii de drept procesual civil (Principles a nd Institutions of Civil Procedure). Editura

Lumina Lex, 1998, p.9;