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WG Environmental Law > Meetings > Roma 4-5 October 2012 > Questionnaire on "Right on investigation and taking evidence by the court"

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 a footnote.)Automatic word wrap


  • 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?Automatic word wrap
    Who bears the costs of evidence conducted by the court?
  • Taking expert evidence by the court: Automatic word wrap
  • How does the selection of experts proceed?Automatic word wrap
  • Are the parties’ proposals binding for the selection? Automatic word wrap
  • Are experts from state authorities (e.g. national institutes) accepted?Automatic word wrap
  • May the parties refuse an expert that is suspected as not being impartial? Automatic word wrap
  • 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?Automatic word wrap
    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?