EIRP Proceedings, Vol 3 (2008)

Abstract

The European Union settled as one of its most important objectives maintaining and
developping a space of freedom, security and justice that might ensure the individuals’ free circulation. Within a
juridical perspective, in order to defend the man’s rights and fundamental liberties and to respect the principle
of equal egality of both parties in a litigation, the council adopted the Directive 8/2003 (CE) of 2003 that aims at
offering the juridical assistance in the over-border conflicts to any person that does no benefit from financial
resources whenever this assistance is necessary to ensure the real access to justice. Taking into consideration
that the access to justice must be real, that the expenses necessary to starting and continuing the civil process
should not be an obstacle in the attempt to resort to justice and that it is pertinent, under certain conditions and
circumstances, to benefit from public judiciary assistance in civil matters coming from the part of the state, the
Romanian government adopted this 51/2008 Emergency Ruling. It is to be applied in all the cases that ask for
public judiciary assistance in civil instances or other authorities with Romanian jurisdictional attributions by
any physical person that resides in Romania or any other state member of the European Union.