JUDICIAL PRECEDENTS OF INTERPRETATION OF HCCJ – INSTRUMENTS FOR THE UNIFICATION OF JUDICIAL PRACTICE
JUDICIAL PRECEDENTS OF INTERPRETATION OF HCCJ – INSTRUMENTS FOR THE UNIFICATION OF JUDICIAL PRACTICE

Summary/Abstract: One of the problems faced by the administration of justice system (both in Romania and in other European countries) is the non-unitary application of the law to similar cases, the judges being sovereign, in principle, in terms of interpretation and application of the law in the factual situation presented to the court. In the present study, we show how the interpretation decisions given by the HCCJ, pursuant to Art 126(3) of the Romanian Constitution, become mandatory for all courts of all levels. These decisions, having a common body with the interpreted law, become true judicial precedents for interpretation for all subsequent similar cases.

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