PRONUNŢAREA UNEI HOTĂRÂRI PREALABILE PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT – CONDIŢII DE ADMISIBILITATE
ISSUING A DECISION IN THE PRELIMINARY RULING PROCEDURE IN ORDER TO SETTLE A LEGAL ISSUE – THE ADMISSIBILITY REQUIREMENTS

Summary/Abstract: If a judicial panel makes a referral to the High Court of Cassation and Justice for a preliminary ruling to settle legal issues, it shall observe the admissibility requirements provided by article 475 of the Criminal procedure code.Thus, it shall be a judicial panel of the High Court of Cassation and Justice, the courts of appeals or tribunals, entrusted with the settlement of a case as a court of last resort; the legal issue that needs to be clarified must rise a real problem of interpretation and necessary for the settlement on the merits of the respective case; the High Court of Cassation and Justice has not issued any decision in a preliminary ruling procedure or in an appeal in the interest of the law and which is not the subject of a pending appeal in the interest of the law.

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