The Contribution of the High Court of Cassation and Justice to the Interpretation and Application of European Union law in Romania Through Appeals in the Interest of Law Cover Image

Contribuția Înaltei Curți de Casație și Justiție la interpretarea și aplicarea dreptului Uniunii Europene în România prin recursuri în interesul legii
The Contribution of the High Court of Cassation and Justice to the Interpretation and Application of European Union law in Romania Through Appeals in the Interest of Law

Author(s): Daniel - Mihail Şandru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: case law; High Court of Cassation and Justice; direct application of the directive; car registration tax; unfair terms; criminal judicial cooperation;
Summary/Abstract: The Supreme Court of Romania has at its disposal a procedure whereby it can give a decision to unify the domestic case-law, namely the appeal in the interest of the law. The study examines all appeals in the interest of the law, from 2003 to the present. Typologies of the application of European Union law are taken into account, highlighting decisions in which the interpretation of the legal rules in the new codes in civil and criminal matters was taken into account. Appeals in the interest of the law followed the general social interest, the problems that were considered in unifying the case-law being in the field of criminal law, especially the European arrest warrant, then successive forms of the car registration tax and unfair terms