The regulation of absolute incompatibility of office in the case of judges in the new civile procedure code. A theoretical and case law analisys

Abstract

This article describes the new rules on judge absolute incompatibility, as comprised in the new Romanian Civil Procedure Code, referring to those cases where the judge cannot be a member of the court regardless whether or not a motion for recusal was made, and emphasizes the significant differences from the old regulation, related to the purpose of the new regulation, respectively to ensure judges’ impartiality and judges’ appearance of impartiality in the highest degree. It also presents the theoretical and practical problems arisen in the process of applying the new rules and the clarifications resulted from the judicial practice regarding the conditions to be met in order for the judge’s incompatibility to intervene, related to the definitions of relevant notions comprised in other legal provisions.