The Refusal of the Constitutional Court of Romania to Accept Mandatory Mediation: Request for a Preliminary Ruling to the Court of Justice of the European Union- Case C-658/23, Investcapital

Abstract

In Romania, the refusal to introduce mandatory mediation into the legislation seems to be firm. Thus, in order to present the latest developments, on 15 June 2023, GEMME (Groupement Européen des Magistrats pour la Médiation) – Romanian Section sent a memorandum to the Minister of Justice, showing that, in the situation where there are approximately 25% vacant positions for judges in the judicial system and the admission procedures are difficult to go through, the budget restrictions are a serious element that can delay the employment of auxiliary staff, the need to establish mandatory mediation by law becomes an immediate solution to avoid convictions at the European Court of Human Rights caused by natural delays in the settlement of civil cases lato sensu, under the current circumstances of the acute shortage of staff.

Keywords: constitutional court, mediation, mandatory mediatio