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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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