One of the frequent mistakes of administrative practice, generated by a combination between the current legal void regarding the transmission procedural acts and the faulty interpretation of the judicial procedure texts and of the rules of internal procedure, is the non-enveloped procedure of transmission. The consequence of this procedure, apparently irrelevant, is the violation of some fundamental constitutional values, of the recipient: the right to privacy, family and private life and the secrecy of correspondence, protected both domestically and internationally.
The ground of the problematic matter is found in Articles 92¹ and 114¹ of the Civil Procedure Code, which, although ensures the right to defense and information, none of them makes any mention of how to communicate the procedural acts. We are in the presence of a legal void, which usually is covered by the one who interprets is as an violation of privacy, family and private life and of the secrecy of correspondence, interpretation that can have negative consequences on social, professional and especially private life. Neither the Internal Rules of Procedure of the courts nor Law no. 304/2004 regarding judicial organization do not solve this problem, leaving the same opportunities for interpretation. From the entire procedural regulation we can easily see the official concern regarding the officialdom of the transmission of procedural documents, and their arrival at destination to achieve the purpose for which they were sent, but without giving due importance, from a legal and constitutional but also from a fair and moral point of view, to the preservation of confidentiality and secrecy of the sent documents.
Doctrină: autori români şi străini