Critical Analysis of the Provisions on the Mechanism of Preliminary Rulings Cover Image

Analiză critică a dispozițiilor privind mecanismul hotărârilor prealabile
Critical Analysis of the Provisions on the Mechanism of Preliminary Rulings

Author(s): Lorena-Mihaela Zidaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: preliminary ruling; unitary case law; High Court of Cassation and Justice; appeal in the interest of the law; the principle of legal certainty;
Summary/Abstract: The introduction in the Romanian Criminal Procedure Code of February 2014 of the mechanism of preliminary judgments aimed at unifying the judicial practice and creating predictable jurisprudence by solving in a mandatory manner a legal problem on which the solution of the case depends. The high number of requests from the national courts which were addressed to the Supreme Court have de monstrated its undeniable utility, the procedure being meant to contribute to the safeguard of the principle of legal certainty. Therefore, the procedure’s importance in itself determines the need for issues such as the exclusion of possible claim holders, the composition of the trial court, the delimitation of the scope of recognized specialists who can be consulted, the judgment without summoning the parties and the existence of contradictory preliminary decisions and unconstitutional decisions to be examined from a critical perspective in order to analyse if they have deficiencies and if so, if they can be removed.