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Lawyers

Censorship of Court Costs in Romanian Civil Proceedings Raises Question on Review of Success Fee

Strategic Insights

— 1 min read

Romanian courts have struggled with the issue of court costs, particularly the success fee claimed by lawyers, which is a significant component of litigation expenses. A recent study published in the journal Challenges of the Knowledge Society has shed light on the implications of this issue. The research suggests that the success fee, paid by the winning party to the chosen lawyer, may be subject to review by the court at the request of the losing party. This raises questions about the fairness of the current system and the potential for abuse.

Key Takeaways:

  • The right of access to the courts is a fundamental basis for any legal subject's entitlement to a fair trial in Romanian society.
  • Participation in judicial proceedings by a party involves bearing litigation costs, including fees for representation or legal assistance.
  • Litigation expenses, incurred by the party that prevails in court, must be borne by the losing party under Romanian civil proceedings.
  • The success fee claimed by the chosen lawyer and paid by the winning party may be subject to review by the court at the request of the losing party.
  • The current system raises questions about fairness and potential abuse, particularly in regards to the success fee.
  • The study suggests that the success fee should be subject to full and reasonably justified judicial review.
  • Constantin-Claudiu ULARIU, PhD, Faculty of Law, Nicolae Titulescu University of Bucharest, Judge is the lead author of the study.

Statistics:

  • 18(1):171-175 is the page number of the study published in Challenges of the Knowledge Society.
  • 2025 is the year the study was published.
  • 171-175 is the page range of the study.
  • The study was published in the journal Challenges of the Knowledge Society.
  • 100% of litigation expenses, incurred by the party that prevails in court, should be borne by the losing party under Romanian civil proceedings.

Sources:

  • The Censorship of Court Costs Represented By The Success Fee of The Lawyer. Challenges of the Knowledge Society, 2025,18(1):171-175. (Challenges of the Knowledge Society - http://cks.univnt.ro)
  • Nicolae Titulescu University Publishing House
  • Faculty of Law
  • Constantin-Claudiu ULARIU, PhD

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