The Romanian section of GEMME requests compulsory mediation by law

Judges Dragoș Alin Călin and Lucia Zaharia on behalf of the Romanian section of GEMME sign a brief calling for mandatory mediation by law in Romania.

Given that there are approximately 25% vacancies of judges in the judicial system and admission procedures are difficult to pass, and budgetary constraints are a serious element that may delay the recruitment of auxiliary staff, they request that compulsory mediation be established by law as an immediate solution to avoid condemnations in the European Court of Human Rights caused by natural delays in the resolution of civil cases lato sensu, at the current coordinates of acute staff shortages.

In Romania, there is a trained corps of mediators, public lawyers and notaries can also be trained in amicable procedures, and compulsory mediation as a condition for the admissibility of court action is already legislated in several EU countries (see the Italian model, which may also become feasible for Romania; the model implies that the mediation procedure must be completed before the court is approached, and the costs of the first meeting are borne by the state, and the Italian Constitutional Court has validated the constitutionality of this model in Decision no. 97 of 18 April 2019) and strongly supported by the binding case law of the Court of Justice of the European Union and the European Court of Human Rights.

The full text (in Romanian) of the brief has been published by JURIDICE the prestigious Romanian legal publication.




This is the response of the Romanian Minister of Justice to the request made by the Romanian section of GEMME.


"Dear Judge,

In response to your proposal for a mandatory mediation procedure, we wish to inform you of the following:

In its case law, the Constitutional Court of Romania has established mediation as an optional, alternative and informal procedure. The Court held that the obligation to mediate, even limited to certain cases and under certain conditions, restricts free access to justice guaranteed by Article 21 of the Constitution.

For that reason, the Ministry of Justice cannot initiate a draft law establishing the mandatory nature of the mediation procedure. However, the Ministry of Justice supports the promotion of mediation as a means of alternative resolution of civil disputes, with a view to finding legislative and administrative solutions in this area, through dialogue with the Superior Council of Magistracy, civil society and business environment.


For Alina-Ștefania Gorghiu, Minister of Justice,

signs George-Cătălin Șerban, Secretary of State for Justice


Appeal to the Court of Justice of the European Union

Following the Romanian Constitutional Court's response rejecting compulsory mediation, the president of the Romanian section of GEMME, Dragos Calin, appeals to the Court of Justice of the European Union. (Only in English and Romanian)

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