Are courts still working?

Presidential Decree no. 142/20 dated 25th May is silent in what regards the functioning of the courts. On the other hand, bearing in mind that the decision of  the Superior Council of Magistrates dated 25th March, ordered the generalized suspension of the judicial courts for a 15-day period, only (and this deadline was never extended whilst the State of Emergency was pending), it should be understood that in the absence of any other rules, courts will resume work as normal, subject of course, to the adoption of hygiene and safety measures imposed by the mentioned Presidential Decree no. 142/20 dated 25th May.

 

Are persons summoned for any procedural acts required to attend?

As mentioned above, it is expected that court activity be resumed subject to the adoption of hygiene and safety measures imposed by the mentioned Presidential Decree no. 142/20 dated 25th May. This being the case, anyone summoned to attend hearings in person, must appear before the court.

In any event, failure to appear before the court or to participate by any means of remote communication can always be justified based on health reasons, subject to the judge’s acceptance of such justification.

 

What happens to running deadlines during the epidemiological crisis?

Albeit the successive Presidential Decrees declaring the State of Emergency  determined that it would fall to the Ministry of Justice and Human Rights, in articulation with the Superior Council of Magistrates and that of the Public Prosecutor, to adopt the measures found adequate to ensure access to the law and the courts as means to safeguard rights, freedoms and guarantees at harm or under the menace of being harmed, no such measures were ruled on or adopted with regard procedural deadlines in course. The Presidential Decree no. 142/20 dated 25th May on the other hand is silent on the matter. Consequently, it should be assumed that rules regarding deadlines in ongoing proceedings are unaltered.

 

What happens to running statutes of limitations and expiry deadlines?

Presidential Decree no. 142/20 dated 25th May does not deal with this subject-matter. Thus being, it should be assumed that the suspension of the statutes of limitations and expiry deadlines has been lifted as a result of the end of the term of the Presidential Decree no. 128/20 dated 8th May.

 

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This information is being updated on a regular basis.

The information provided and the opinions expressed herein have been prepared with the help of VdA Legal Partners and are of a general nature. They are not in lieu of appropriate legal advice in connection with specific cases.