Decizia nr. 21 din 7 iulie 2020
Decision no. 21 of 7 July 2020

Summary/Abstract: The rules of criminal procedure unequivocally enshrine the obligation of the referring court to initiate the mechanism for unifying judicial practice only if the substantive settlement of the case depends on clarifying the legal issue that is the subject of the notification, such a condition being the essence of the preliminary ruling procedure and differentiating this legal instrument from that of the appeal in the interest of the law. Since the complaint did not meet the conditions for admissibility of referral to the Supreme Court to issue a preliminary ruling, namely that the resolution of the case on the merits depended on the clarification of the legal issue which is the subject of the complaint, it was rejected as inadmissible.

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