Întrebarea preliminară
The Preliminary Question from the Book of Deuteronomy to the Romanian New Code of Civil Procedure

Summary/Abstract: Solving a problem often implies great difficulties due to intricate reasons of law enforcement or to the judicial, political and social impact of the possible solution. Some legislative systems created an efficient, highly reliable instrument for the judge facing the problem, allowing him to question the supreme judicial institution without forcing him to. The questioned instance has the duty to answer. The judge who chose to question has the obligation to settle the litigation according to the given solution, thus becoming the one who transposes the given solution to his problem. The connotation of the preliminary procedure institution exceeds the judicial interest, which urges us to look for it in the 3500 year-old Book of Deuteronomy, in the Treaty of Lisbon and in the latest Romanian procedure law in order to present it in all of its greatness.

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