2021

DOI: https://www.doi.org/10.31178/AUBD.2021.17

Abstract: This article analyzes the institution of appeals regarding procedural delays, beginning with the rationale behind its regulation. The Romanian legislature has taken a first step toward resolving cases within at least a reasonable timeframe—if not an optimal and predictable one—by introducing into the Code of Civil Procedure the institution of the motion to object to delay, which is intended to expedite the resolution of civil proceedings.

Throughout this article, we will examine how the challenge regarding the delay of the proceedings was addressed, but especially the issues that have arisen in practice.

Finally, several proposals for lex ferenda are presented that should be implemented by the legislature so that this institution can achieve the purpose for which it was adopted, followed by several conclusions that reflect the current state of this institution, but above all that answer the question: Is the mechanism for challenging unduly prolonged proceedings an effective remedy within the meaning of Article 13 of the Convention against excessive length of proceedings?

Keywords: Motion to object to the delay of the proceedings, expeditiousness, delay, optimal and predictable timeframe, reasonable timeframe, remedy, acceleration, excessive duration.