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Free Access to Justice

The access to justice is a primary right, without which it would be illusive to


speak about honorable justice and impartial process consisting in the faculty of
any person to introduce, according to his or her free judgment, an action in
justice, even if it is not undergrounded in fact and in law, involving the
correlative obligation of the state so that, by means of the competent court, it
could pronounce on this action. In the absence of access to justice, people are
unable to have their voices heard, discrimination is challenged, the use of their
rights being completed no more.
The free access to justice has a legal feature only as long as it is exerted in
reasonable limits, with good faith, by respecting the interests and protected
rights of the other law subjects.
The free access to justice is a basic civic right and it is consecrated at the
international level and in the inside law. In the international justice order, the
Universal Declaration of the Human Rights declares that any person has the
right to actually address to the competent judicial courts against the acts
violating the basic rights acknowledged by the law or by the Constitution.
The International Pact about the civil and political right establishes that the
states parties of these treaties need to guarantee that any person, whose rights
and freedoms acknowledged in this pact have been violated, will have an
effective appeal way even when the disrespect was accomplished by persons
acting in the exertion of their official functions.
Moreover, the exertion of the rights to access to justice represents a sine qua
non condition of the effective accomplishment of the person's rights and
freedom, the principle of the free access to justice has in our law a constitutional
value. Thus, no law may forbid the interested ones to address justice because

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justice is the guarantor of civic rights and freedoms and article no. 21 of the
Constitution capitalizes this function of justice.
The free access to justice is provided if the following conditions are
accomplished: there is a court, the court is competent to solve the cause, the
court is instituted by law, the access to justice is implemented for real.
In the judiciary activity, the judicial court is the centre place. This denotes the
organ belonging to the judicial authorities through which justice is
accomplished. Therefore, the judicial court acts as a state authority which is
specialized in the activity of controlling the justice.
As for the right to access a court to be respected, the instance where a litigation
is brought to, must possess full jurisdiction. Moreover, it should be competent
to analyze both the aspects of facts and the ones of the law of the cause.
Any unjustified limitation of the right to access justice makes the person's right
to an equitable process and to solve the causes in a reasonable term,
impracticable. This is the reason why the citizens' right to have access to justice
should be actually provided. Thus, the effective access to justice involves the
positive obligation of the states to really provide to every person the possibility
to support his or her cause in front of a judge.
The right to have effective access to court is not an absolute right and it has
some limits. The European Court shows that the limitation should not restraint
the access to justice of a manner and up to one point when this right is reached
even in its substance. A first limitation comes from the fact that the competent
instance is established by law so this right cannot be exercised unlimitedly
regarding the choice of the instance to analyze the cause. The second category
of limitations is represented by obtaining prior authorizations for announcing an
instance about a case which involves insane persons or minors. Other
limitations of the right to access to justice come from the procedural conditions.

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To sum up, the access to justice brings about sustainable peace by affording the
population a more attractive way to violence in resolving personal problems and
political issues.

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