Exercitarea funcției cu rea-credință sau gravă neglijență. Elementele constitutive ale abaterii disciplinare
Exercising the function in bad faith or gross negligence. The constitutive elements of the disciplinary violation

Summary/Abstract: It meets the constitutive elements of the disciplinary violation provided by art. 99 lit. t) of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions, the conduct of the judge to issue a judgment in violation of the principle solution given by a preliminary ruling issued by the High Court of Cassation and Justice - Panel for preliminary ruling on questions of law, as well as not to state in the recitals of the judgment given, the reasons why it adopted a contrary solution, removing the defenses of the parties based on the preliminary ruling.

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