Free access to justice is legislatively and tacitly recognized by theorists as a right - constitutional principle through which the exercise of fundamental human rights and freedoms is guaranteed and seen as both an essential prerequisite to the existence of the rule of law and a principle that governs the organization and functioning of justice. In accordance with the constitutional provisions both in Romania and Moldova, a free access to justice is conceived as a fundamental right of every person to be able to appeal to a court of justice to protect the rights, freedoms and legitimate interests guaranteeing that the execution of this right cannot be restricted by any law.