Sesizarea Înaltei Curți de Casație și Justiție în vederea pronunțării unei hotărâri prealabile pentru dezlegarea unor chestiuni de drept. Admisibilitatea procedurii în faza de camera preliminară
Making a referral to the High Court of Review and Justice for a preliminary ruling to settle legal issues. Admissibility of the procedure in the preliminary chamber stage

Summary/Abstract: In the first part of this article we approach some introductory issues related to the referral to the High Court of Review and Justice for a preliminary ruling to settle legal issues. In the second part are presented the conditions of admissibility of the procedure established by art. 475 of the New Criminal Procedure Code. As an incidental matter, prior to the substantive assessment of the referral to the High Court of Review and Justice, the procedure must cumulatively meet the conditions of admissibility. In the third part, we focused on an existing issue at the Panel for ruling on legal matters, highlighted by the non-uniform judicial practice. The central element concerns the admissibility of the referral to the High Court of Review and Justice in the preliminary chamber stage. The non-unitary solutions were generated by the ambiguous meaning of the phrase „the settlement on the merits of the respective case”, given that the preliminary chamber stage represents only a review of the legality of the criminal prosecution phase, with no possibility to reach a judgment on the criminal or civil action of the case at this stage. In this regard, our article seeks to advance a solution to this issue through an evaluation of the judicial practice of the High Court of Review and Justice – the Panel for ruling on criminal legal matters – related to art. 475 of the New Criminal Procedure Code.

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