Evolution of the Regulations Regarding the Jurisdiction of the Courts in Civil Procedural Matters, by Reference to the Jurisprudence of the Constitutional Court and the High Court of Cassation and Justice Cover Image

Evoluția reglementărilor referitoare la competența instanțelor judecătorești în materie procesual civilă, prin raportare la jurisprudența Curții Constituționale și Înaltei Curți de Casație și Justiție
Evolution of the Regulations Regarding the Jurisdiction of the Courts in Civil Procedural Matters, by Reference to the Jurisprudence of the Constitutional Court and the High Court of Cassation and Justice

Author(s): Nicolae-Horia Ţiţ
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Source Material
Published by: Universul Juridic
Keywords: court; material jurisdiction; optional jurisdiction; relocation of civil cases;
Summary/Abstract: The article analyses how the jurisprudence of the Constitutional Court and the High Court of Cassation and Justice influenced the regulation of certain legislative solutions regarding the jurisdiction of the courts. Specifically, the legislative changes regarding the material competence for the resolution of the cases in the first instance and in the appeal operated by Law no. 310/2018 as a result of Decision no. 369/2017 of the Constitutional Court; the modifications operated regarding the optional competence, by the same normative act, following the Decision no. 7/2016 of the High Court of Cassation and Justice (appeal in the interest of the law) and Decision no. 290/2018 of the Constitutional Court, as well as on the reasons and the competence to solve the relocation of civil cases, related to the Decisions no. 558/2014 and 169/2016 of the Constitutional Court.