THE CENSORSHIP OF COURT COSTS REPRESENTED BY THE SUCCESS FEE OF THE LAWYER

In a democratic society marked by heightened individual liberalism, the right of access to the courts constitutes one of the axiomatic elements in the expression of citizens' prerogatives and personal freedoms, forming a fundamental basis for any legal subject’s entitlement to a fair trial within Romanian society. However, participation in judicial proceedings by a party inherently involves bearing litigation costs associated with the trial process. These costs are also reflected in the payment of fees for representation or legal assistance provided by a legal professional acting as the litigant’s advocate. Such litigation expenses, incurred by the party that prevails in court, must ‒ as a requirement for ensuring discipline in Romanian civil proceedings ‒ be borne by the losing party, the one whose claims were dismissed, and who, consequently, is obliged to cover all such costs for the winning side. As for the legal fees representing attorney remuneration, these are unequivocally subject to full and reasonably justified judicial review. However, regarding a specific and distinct component of such fees ‒ namely, the success fee claimed by the chosen lawyer and paid by the winning party ‒ an issue arises as to whether this may be reviewed by the court at the request of the losing party, if such fee is claimed as part of the litigation costs.