Nevoia „marilor hotărâri” judecătorești și a rezonanțelor lor teoretice creatoare. Cazul Dreptului urbanismului.
The need for "great decisions" of the Courts and Their Creative Theoretical Resonances. The Case of the Law of Urbanism.

Summary/Abstract: Given the globalization of the economy, the intensification of basic change, the amplification in the circulation of goods and people, and the modernization of law, case law acquires a regultory purpose and a rising impoetance in preventing and resolving the complex and substantial litigation. Exploting new resources and situations in case law implies as well the diversification, reevaluation, and perfection of the instruments of knowledge and promotion of the concluions of judicial practice of various jurisdictions ad-hoc, national, regional, or international. A concluding example in this sense are the adnotations to the representative judicial decisions which, when done by rigurous criteria and with proffesional competence, become and important form of knowledge and analysis of law, showing off, after a significant tradition, a significant revival. At the same time, case law plays a determining part in the prefiguration, structuring, and development of new branches of law, such as: environmental law and urban planning law, where the abundant and technicized regulations need „juridicization” in view of revealing their own significance. The general revival of case law needs as well revealing its contributions, in a formula in which the extract of judicial decisions is to be conjugated with the jurisprudential comment, giving the interested parties an adecquated and efficient knowledge of the legal text in the context of concrete enforcement. In this purpose, the French experience reveals the utility of elaborating and publishing a collection of „great decisions” structured by domains of law, a model which can also be imported in Romania.

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