Questionnaire on "Right on investigation and taking evidence by the court"
Speaker Silviu- Gabriel Barbu
(Please indicate both the legal background and the practise of the
courts. The English version of national legal provisions may be added in
- Is an ex officio investigation provided in your country?
- If not, is the court strictly bound by the submissions of the parties?
- If yes, how does the court usually identify the facts?
- Must the public authority submit the files which were produced in the administrative proceedings?
- If so, do the courts usually rely on the administrative files?
- Evidence presented by the parties
- May the parties themselves administer evidence (e.g. an expertise?) and present it to the court? Describe such a procedure.
- Is such evidence accepted or regarded as the party’s opinion only?
- Is there a preference of evidence presented by the public authority?
- Under which conditions can the parties be awarded the expenses for evidence which they have presented?
- Motion for taking evidence by the court
- Are the parties entitled to a motion for taking of evidence by the court?
- Are there restrictions as to the time for such a motion?
- Must the court decide on such a motion separately?
- Which are the rules for refusal or accordance of requested evidence?
- Is there a legal remedy provided against the decision?
Who bears the costs of evidence conducted by the court?
- Taking expert evidence by the court:
- How does the selection of experts proceed?
- Are the parties’ proposals binding for the selection?
- Are experts from state authorities (e.g. national institutes) accepted?
- May the parties refuse an expert that is suspected as not being impartial?
- If so, which are the rules for the court’s decision?
- What happens, when a party presents a counter expertise or a counter
testimony after the court has already adminu0istered evidence?
- Are audio and video recordings permitted as evidence? Under what conditions?
Are electronic mail and fax transmissions or receipts permitted as evidence? Under what conditions?
- Will every party receive a copy of every piece of evidence after being submitted to the court?