Produceri prefigurate pentru asigurarea interpretarii si aplicarii unitare a legii de catre instantele judecatoresti.
Procedures designed to ensure the unitary interpretation and application of the law by the courts.
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: unitary interpretation; courts of law; decision in the interest of law; High Court of Cassation and Justice
Summary/Abstract: The unitary interpretation and application of the law is one of the fundamental premises of the credibility of justice and, in a broader meaning, of the equality before the law. Therefore, the concern for establishing preventive and/or punishing procedures likely to guarantee the passing from desideration to result in this field, as well, is “natural”. The draft Civil Procedure Code configures or reconfigures three such procedures, with a specific object and purpose, even exclusive, some of them still being, maybe, perfectible: the requirement of decisions by the judicial review court on the legal issues for judges of the merits; the requirement of solutions to the legal issues by the preliminary decision requested to the corresponding section of the High Court of Cassation and Justice; the requirement of solutions to the legal issues provided by the decision in the interest of law pronounced by the Joined Sections of the High Court of Cassation and Justice.
- Issue Year: 2010
- Issue No: 01
- Page Range: 88-104
- Page Count: 17
- Language: Romanian