Appreciations related to the modality of managing the jurisidictional instruments intended to ensure a correct judicial interpretation of the law and of the consistency of its application Cover Image
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Aprecieri legate de modalitatea de gestionare a instrumentelor jurisdicționale destinate asigurării unei corecte interpretări judiciare a legii și a consecvenței aplicării acesteia
Appreciations related to the modality of managing the jurisidictional instruments intended to ensure a correct judicial interpretation of the law and of the consistency of its application

Author(s): Aurelian Gheorghe Mocan, Ioan Lazăr
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: law; interpretation of the law; appeal in the interest of the law; preliminary rulings for resolving some legal issues; decisions of the constitutional court; consistent judicial practice;

Summary/Abstract: The interpretation of the law, as a source of law, in order to ensure a unitary practice through which it must be implemented by the courts of law, and which is assigned by the legislator to the supreme court, so that through appeal decisions in the interest of the law, the courts can be brought to a common denominator, to a unitary judicial practice related to the same legal issue, to a form of consistency, after this judicial practice has already proven to be inconsistent, as well as the preventive mechanism, obviously much more effective from the perspective of the need to ensure a unitary judicial practice, regulated by the prior rulings for settlement of some legal matters. Adding, in the jurisprudence of the constitutional contentious court, some mentioned mechanisms that interpret imperatively, through a certain type of decisions in the internal legislation, must bring an interpretation that exclusively concerns constitutional aspects. The analysis of this symbiotic link between the law and the jurisdictional instruments that ensure its interpretation is essential. The complexity of the interference between a recent jurisprudence of the Court of Justice of the European Union and the domestic law calls, in the context of the legal aspect considered, for doctrinal analyzes and deliberations of the courts of law which are of maximum importance.

  • Issue Year: 2024
  • Issue No: 08
  • Page Range: 92-114
  • Page Count: 23
  • Language: Romanian
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